Coldand Posted July 2, 2014 Report Share Posted July 2, 2014 Deposit for our flat was held by Mann & countrywide as agent for my deposits. Our tenants were a couple and they parted with ill feeling. The deposit was paid by the gentlemen through his bank account . He is lead tenant on the insurance certificate although she is mentioned on it. Mann have said they have to have confirmation from both parties to release funds however the female tenant has been uncontactable by ourselves or her ex partner ( we suspect that she is making it as difficult as possible for him to get it back ) Surely there must be some provisions for this as Mann said it will just sit there until they both contact them. Which could be never on her behalf meanwhile mann and co are making interest on their deposit and we feel responsible for this man's money . Any tips would be most appreciated. Link to comment Share on other sites More sharing options...
Grampa Posted July 2, 2014 Report Share Posted July 2, 2014 Find out what deposit scheme the deposit is held in then phone them up and ask if your agent is doing it correctlyhttps://www.tds.gb.com/https://www.depositprotection.com/http://www.mydeposits.co.uk/ Link to comment Share on other sites More sharing options...
Coldand Posted July 2, 2014 Author Report Share Posted July 2, 2014 Thank you for your reply. I contacted my deposits and all they said was they can't discuss with me as their policy is with the agent .i was also given conflicting advice by two members of their staff .one said I must just give deposit back ( would if I had it ) and other said the same as Mann, In future I would always hold the deposit myself so then at least I could pay it back when I deemed fit . Link to comment Share on other sites More sharing options...
Grampa Posted July 3, 2014 Report Share Posted July 3, 2014 Your agent should have requested a post tenancy address from each tenant at the start of the tenancy for this reason. Otherwise the deposit can be held in limbo for a number of years as you have found out.We require this address on the application form and updated on every other further tenancy renewal. Though I haven't suffered the same situation as you I understand with this address the problem is fixable.I would guess you would write to this address stating you are returning the deposit to MR XXXX on xx/xx/xx and if they don't reply by xx/xx/xx it will deemed they have accepted it.I am also thinking about having a clause in my contracts which the tenants agree to the deposit being returned to any of the joint tenant or the lead tenant and only the permission of one tenant is needed for agreement to deductions.Another option would be to offer to give say 50% of the deposit to the other partner which is better than nothing. Link to comment Share on other sites More sharing options...
Melboy Posted July 3, 2014 Report Share Posted July 3, 2014 Yet another example of how the deposit scheme has an obvious failure clause. Thank goodness I pay to keep the deposit in my account. Worth every penny I reckon from what I am reading on landlord's forums. If the lead person on the tenancy contract has paid for the deposit fom their bank account and that is a proven fact then it is to them that the deposit should be paid back to.........no question or doubt in my mind about that. Should there be a problem with that then let the 2 people who have the argument, if there is one to be had over a 50/50 deposit split, sort it out and not the landlord or letting agent. Link to comment Share on other sites More sharing options...
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