advice about new AST & deposit return.
Tenancy Deposits

Maureen_539
Maureen_539
5,073 Thanks
8,633 Posts
2 years ago
0

I'm new to 'deposits' having just started last year after pressure from Ins & Licence conditions. Previously didn't as no reason to do so. Hence asking for advice. May 21 issued AST to 3 non- UK related adults, one of whom paid Deposit, he is also rent & bill payer. For several reasons after 7 months one adult had to return home to deal with a family crisis. That took longer than expected & the guy won't return for the forseeable...if at all. Meantime rent on a 3 bed house needs paying.
The lead tnt solved the problem by inviting his childhood friend from his Rumanian village to take over the 3rd bedroom & pay rent. Because of the complexity of the financial situation, I decided to issue a new AST including the 'friend' as a named tnt so I could more easily conclude the R2R checks with the Home Office. Normally under different circs I'd use 'permitted occupier' status. This scenario was far too complicated....hence the renewal.

I knew all documentation was to re-issued. The sticking point was ...the Deposit [ lodged with MyDeposits]. Did I return that to the lead tnt....for him to then repay it to myself? Would he repay it once it had been refunded?
The tnt broached the matter himself on signing day saying that ' I may as well keep the deposit within the scheme because it was him that had paid it in the 1st place....and he didn't have time to meet up again to sign more papers related to the scheme'.
Then half-joking...[.I think] he said that at Xmas time when the family send money home....the returned Deposit would be very welcome. AND that he'd try to repay it over the next few months. Oh dear thought I. It was left that I'd take advice from the Scheme & get back asap with a solution.

The question of 'return of the deposit' was emailed to MyDeposits I got a terse, ambiguous reply which wasn't informed by facts provided....that it was the same lead tnt....not a different/ new tnt involved.
I asked for a specific answer to a specific question....'' in light of a new/2nd AST for the SAME lead tnt...must I return the Deposit to the same lead tnt....& just hope that the same tnt then repays the Deposit back to his LL?

Have requested a reply twice...no response. Can anyone with experience of MyDeposits provide a definite answer. Its far too tempting NOT to repay the deposit back to me [ human nature being what it is at an expensive time of the year] if I'm forced to request the deposit IS repaid to the lead tnt.

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