Hello,
I have a bit of a complicated situation. I am subletting a room from a mesne tenant that rented the whole property.
We signed an Assured Shorthold Tenancy Agreement which I now understand is unusual as the mesne tenant has also been living in the property and ASTs are usually in place for exclusive use of the whole property. I believe this was a simple mistake on her part.
In the contract it states "If there is a dispute about the Deposit at the end of the Tenancy, either the Landlord or the Tenant may refer the matter to the Tenancy Deposit Scheme for adjudication once 10 calendar days have passed.". This leads me to assume that as per the terms of our contract she should have registered my deposit with the DPS.
I am certain that she has not done so. I am concerned that the mesne tenant does not plan on repaying my deposit as she will be leaving the country before the tenancy ends and therefore I will not have any recourse.
My question is - what are the ramifications of withholding my last month's rent as protection for my deposit? And, considering this was in fact a sublet in spite of signing an AST, was the mesne tenant still legally required to protect my deposit?
Any help greatly appreciated.
Thank you,
Bouine
I have a bit of a complicated situation. I am subletting a room from a mesne tenant that rented the whole property.
We signed an Assured Shorthold Tenancy Agreement which I now understand is unusual as the mesne tenant has also been living in the property and ASTs are usually in place for exclusive use of the whole property. I believe this was a simple mistake on her part.
In the contract it states "If there is a dispute about the Deposit at the end of the Tenancy, either the Landlord or the Tenant may refer the matter to the Tenancy Deposit Scheme for adjudication once 10 calendar days have passed.". This leads me to assume that as per the terms of our contract she should have registered my deposit with the DPS.
I am certain that she has not done so. I am concerned that the mesne tenant does not plan on repaying my deposit as she will be leaving the country before the tenancy ends and therefore I will not have any recourse.
My question is - what are the ramifications of withholding my last month's rent as protection for my deposit? And, considering this was in fact a sublet in spite of signing an AST, was the mesne tenant still legally required to protect my deposit?
Any help greatly appreciated.
Thank you,
Bouine
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