Lead Tenant refusing to pay back Deposit to other tenant after DPS adjudication.

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    Lead Tenant refusing to pay back Deposit to other tenant after DPS adjudication.

    Hi, I would be grateful for help. My daughters deposit along with 3 other students in the same house have their deposit lodged with the DPS. The Landlord has unfortunately attempted to claim the whole deposit back. He has provided made up invoices and invoices from his own company to show supposed damage etc. My daughter has together with the others refuted the claims and the Landlord has turned down the DPS adjudication 3 times now. The Lead Tenant (not my daughter) has now done a deal with the Landlord which means she (the LT) will be getting her deposit back in full and has agreed to forfeit the rest of the deposit (all done through the DPS) - this is against the wishes of my daughter. What does my daughter do now. Thank you in advance.

    #2
    By the sounds of it, 25% of the deposit will come back to the lead tenant.

    As the contract is joint & several liability, it should be quite easy for the remaining 3 to argue in court that they should each get 25% of that.

    Comment


      #3
      Hi and thank you for that. The problem is that my daughter should be getting all her deposit back (£500) not just 25% of the 25%. The Lead Tenant has apparently agreed to supposed damage that simply did not happen and backed up with the fake invoices because they only want their deposit back. My daughter has not and will not agree to the deductions and has told the LT this and they have ignored it.

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        #4
        Then you enter into greyer territory.

        LT has agreed to act on behalf of YD by accepting the role of 'Lead Tenant' for deposit purposes.
        LT is not acting on behalf of YD.
        Therefore YD could conceivably sue LT for any provable losses.

        Whether she would have sufficient evidence to win such a claim is unclear, and where a solicitor could best advise you.

        Comment


          #5
          The concept of a lead tenant is a novel one to me. Assuming that the person negotiating with the landlord has the authority to do so she must negotiate in good faith and not for her own benefit. Agreeing that she will personally get back her contribution whilst the others do not does not sound like good faith.

          Comment


            #6
            Originally posted by Lawcruncher View Post
            The concept of a lead tenant is a novel one to me. Assuming that the person negotiating with the landlord has the authority to do so she must negotiate in good faith and not for her own benefit. Agreeing that she will personally get back her contribution whilst the others do not does not sound like good faith.
            Indeed. I would have thought that any monies LT receives from the whole amount should then be split fairly with the rest and suggest YD sues LT for her share.

            As a joint tenancy though I would think that LT accepting any deductions is all Ts accepting the deductions. LL not at fault IMO.
            I'm a good tenant with great landlords
            I'm also a living, breathing, fully cooked female.

            Comment


              #7
              Has it been explained to the lead tenant that she will not be entitled to keep the full 25% but only 25% of 25%? If the LT is acting in bad faith (as seems to be the case), and your daughter loses £500 as a result then I think she could claim against LT for that money; I would include the LL as co-defendant for good measure, as they are acting in cahoots.

              Comment


                #8
                Lead Tenant refusing to pay back Deposit to other tenant after DPS adjudication.

                This is a follow on to my daughters problems with the Lead Tenant/DPS. My daughter was disputing damage in her room and had evidence to back her claim. The matter finally went to DPS adjudication. The Lead Tenant refused to pass on the evidence/proof to the DPS and announced that she would be getting her deposit returned in full and my daughter would get nothing (a deal was done outside the DPS between the Landlady and the Lead Tenant). My daughter (in writing) told the LT that she did not have her permission to act on her behalf. This was ignored and the DPS would only deal with the Lead Tenant. The case has now been closed and the Lead Tenant has now been given a sum of money back (not sure how much) and will not communicate at all despite repeated requests from my daughter for the the return of her deposit.My daughter was disputing £350.00 (her whole deposit) and now has nothing. Is it now a question of going through Small Claims to get back the whole of her deposit from the Lead Tenant and not just a percentage of what the Lead Tenant now has. There were 2 other tenants. One has agreed to forgo his deposit because of damage and we believe the other also had his deposit paid back as he was in cahoots with the LT. Many thanks in advance for any advice.

                Comment


                  #9
                  Deposit issues are between the LL and the Tenant and Landlord is ALWAYS responsible for return of the deposit. The fact that this case appears to have been complicated by a lead tenant and your daughter disputing who should receive the money is immaterial. I believe your daughter should be pursuing the LL to recover the money she is owed, and the LL should then sue the LT for any loss.

                  What receipts, documents etc does your daughter have to prove she paid an amount towards the deposit and the refund is rightfully hers? Any successful claim would require documentary evidence of her loss.

                  Comment


                    #10
                    As I said in your previous thread, I think the claim should be against both LL and LT as co-defendants, as both of them appear to have acted in bad faith and at least 25% of the sum that the LT received should have been given to your daughter. Leave it up to the court to decide who pays what.

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                      #11
                      Suggest you/daughter 'phone Shelter on their ++free++ helpline 0808 800 4444

                      This Lesley Anne is right but maybe sue lead tenant. 2nd opinion from Shelter would be valuable.

                      Possibly a rather direct letter-before-action to each of landlord & lead-tenant (different wording) might result in ££££
                      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                      Comment


                        #12
                        Previous thread:
                        http://www.landlordzone.co.uk/forums...on-DPS-deposit
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                          #13
                          Two related threads have been merged.
                          I also post as Mars_Mug when not moderating

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