Tenancy deposit in unusual circumstances

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    Tenancy deposit in unusual circumstances

    Hi, I moved out of a flat on 08/09/2014 and still have not been repaid my deposit, i know there are usually ways to deal with this but these are unusual circumstances.

    firstly the flat was handed over and the agents of the current landlord were happy with the condition (they confirmed in writing), my rent was fully paid and everything else relevant was in order.

    Now the problem is that the owner of building and all the flats within went bankrupt some time last year and the properties were received by a bank and then sold on to the new landlord, the contracts were signed on 04/08/2014, 1 month and 4 days before i handed over.

    The agents of the new landlord are now saying the previous agent hasn't sent the deposit to them so they cant pay it to me. the old agents are saying they gave the deposit back to the old landlord as part of the receivership. the deposit was apparently not in a protection scheme from the time of the bankruptcy. this is according to the new agent whom have now stated they are taking action against the old agents.

    So the question is- who is responsible for my deposit? i would have thought if it was part of the receivership then the new landlord would be buying the responsibly of the deposits along with the tenancy contracts? I do not trust estates agents in the slightest so i do not know which to believe if any!

    Many thanks for any help.

    regards.

    Russ.

    #2
    The new landlord is responsible for your deposit.
    The new landlord essentially becomes the old landlord as far as you're concerned.

    What they have to do to recover the funds from someone else is none of your concern (even though they might try and make it your problem).

    There's something wrong about your account, though.
    If the deposit was protected by the original landlord, no one should have been able to access it without your consent.
    So presumably it was never protected.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      I don't think there has yet been a test case on the question of who is responsible for deposit where there is a change of ownership: I reckon you can sue either old or new landlord: I'd sue new one as old one has no assets
      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...

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        #4
        Was the deposit paid to the old agent (a) as agent for the landlord or (b) as stakeholder? If the documentation is not clear what does it say?

        It has to doubted that the receiver can use the deposit as it was previously held separately and was not inmixed with the landlord's funds.

        If the tenancy agreement provides for the landlord to repay the deposit at the end of the tenancy the new landlord is liable to repay it.

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