Urgent Advice needed re deposit

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  • Urgent Advice needed re deposit

    Hi Guys,

    Its been a long time!!

    I have a messy situation and would greatly appreciate some advice..

    I let a house (as landlord through a agent) a year ago
    I did my own full inventory and took pictures etc
    Deposit was given to agent
    Agent went bust and I have now found out that they didnt deposit it through dps even though when i phoned up they confirmed at beginning of tenancy it was with the "free dps service"
    Tennats were young and have trashed house
    I have the guarantor who says its my responsability to pay back deposit!!
    I have got hold of the directors of the company and they have said they will send me a cheque( do i deduct damage from this as I have inventpory proof and pics etc)

    I just need to be sure that I wont get into trouble for deducting deposit money once i receive it and that I am not the one who is in the wrong here


    Look forward to your replys!

    Lisa

  • #2
    1. The deposit requirement arises out of the L-T relationship.
    2. You as L can appoint Agent (A), but A has no part in that relationship. His receiving of deposit money fixes YOU (L) with responsibility for it.
    3. So you are obliged to refund deposit (after appropriate deductions), even if the money is not in your physical control.
    4. You do have rights against A, but these are pointless unless the deposit was held in a clients'/trust account ringfenced from A's own money.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      Thanks Jeffrey

      I have a meeting on saturday with the guarantor who is disputing the damage as he put up the deposit (no surprises there) I think the damange will eat up most of the deposit anyway but do i need to produce him with a invoice from my builder and breakdown of damage? I want to make sure I do it by the book as i have never claimed a deposit before and want to do it right so there are no repurcussions

      Thanks

      Comment


      • #4
        The burden of proof is on you if you claim deductions from deposit. Invoice/breakdown of deductions are therefore essential.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          Jeffrey, would it be adequate to provide a quote for the work from a recognised service supplier? It's possible that the landlord hasn't had the work done yet but wants to get it done, so I would have thought a quote would be suitable to bring to the table when discussing with a guarantor regarding the deposit. Or am I wrong on that one?

          Comment

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