Letting Agents Landlady & Deposits

[motorbiking]

Daughter fell out with friend, friend upped and left and disappeared. My Daughter ended the tenancy agreement at the end of the tenancy term. Letting agents or whomever had the deposit paid it back into the account it was originally debited from.

You may have a claim against the letting agent.

What authority in the AST enabled them to pay the money in to the original bank account?

Was the tenancy in joint names?

was rent collected from more than one account - ie. half from 1 and half from the other?

Read the assured short hold tenancy and check the wording on return of deposit. If they did not follow the agreed process, it doesn't matter who they gave the cash to, they haven't returned it.

 

[johnny2007]

If the ex friend is living in a caravan I don't think she will pay anything back and won't be bothered with a ccj either.
So forget about it.

 

[motorbiking]

Its still worth a few collection letters and an offer of without prejudice settlement to avoid court action. There is also the option of exploring it as theft.

If she is openly saying they paid the money in to my account and I'm keeping it.. then its an offence http://www.legislation.gov.uk/ukpga/1968/60/section/24A

CCJ and criminal record.

 

[johnny2007]

Its still worth a few collection letters and an offer of without prejudice settlement to avoid court action. There is also the option of exploring it as theft.

If she is openly saying they paid the money in to my account and I'm keeping it.. then its an offence http://www.legislation.gov.uk/ukpga/1968/60/section/24A

CCJ and criminal record.

In an ideal world, yes.
But i bet that the police would say their favourite line: "Civil matter".

 

[chirpychippy]

Thank you for your help so far.....

The monthly rental payments came out of my Daughter's bank account and only her account.

It was a joint tenancy. I don't know what is written in the tenancy agreement because my Daughter can't find it...

I have got a contact for the letting agent whom I'm going to speak with initially and whom can provide me with a copy of the tenancy agreement.

Yes this is about the money but it's also about principles, if I get no joy from the letting agent I will find her ex friend and go down that route.

 

[motorbiking]

With joint tenancies agents are normally very careful to repay money to each tenant for this very reason.