Return of deposit - LL is withholding until new tenant pays deposit.

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    Return of deposit - LL is withholding until new tenant pays deposit.

    My mate in Scotland has a little issue, I am not familiar with scottish tenancy law so its all a bit complex.

    1) AST for 2 bed flat in tenants name lets call him K. Deposit protected.
    2) He had a lodger L (with LL's permisssion)
    3) K gives valid notice to quit on 31st March 16 and moves out.
    4) On 30th March lodger asks if he can take on tenancy, LL agrees and offers new contract.

    as of today 29/04 L has been living at proeprty and paid agreed rent, but no contract has been delivered L is reluctant to pay any deposit until he sees contract.

    5) K has repeatedly asked for return of his deposit, LL has stated (on recorded answerphone message) when he gets deposit from L he will return K's deposit.

    I assume K just enquires with deposit protection service and gets his deposit back?

    K's "valid notice to quit" (was it accepted as such by landlord in writing?) will have assumed vacant possession with nobody remaining in the place, no belongings remaining, ALL keys returned: K has not complied with actual or implied terms of his notice2quit. So I have some sympathy with landlord.

    K should stop "repeatedly asking" landlord but put demand in writing then raise a dispute with whichever deposit scheme holds the deposit.

    However someone tell L that he does not need to pay deposit or sign a tenancy as he has possession of the place, has been paying rent (hopefully bank transfer or has receipt) so has a tenancy (albeit verbal) and as he moved in (presumably) before any AT5 was served on him he has an AT not AST & can can only be evicted for breach of contract.
    - but L does have a right to a written agreement (see link above) but I don;t think he can be forced to sign it.

    (No offence but..) seems we have silly tenant, silly landlord, inadvertently very lucky Lodger.

    Both K & L should probably independently 'phone Shelter Scotland 0808 800 4444.
    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...


      Thank you kindly for your advice.
      I have some sympathy with K, he witnessed the recorded telephone conversation between L and LL about L taking over tenancy, and duly packed and left on 31st Mar.
      K as a tenant is much less likely to have an understanding of tenancy law..


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