Tenants separating, deposit demand and one 'not playing ball'
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Accidental llord
Accidental llord
2 Thanks
42 Posts
1 year ago
0

Hello, I have been letting a property to a couple for two years. They had a 12 month AST which is now rolling. They have recently split acrimoniously, with one saying they wish to remain in the property and the other saying she will leave. The lady who left asked for her half of the deposit to be returned to her. After reading advice on this forum and speaking to the agency I use to let my property, I have learned that a check out will need to be carried out and the deposit would have to be returned to the couple, then a new inventory/check in, reference check and new AST would have to be prepared for the person remaining in the property. I explained this to the lady and she understood but I am now in the situation where the person remaining in the property is not cooperating with the agent on 1) arranging a check out / inventory check to release the deposit and 2) completing reference check forms. I have phoned him, sent him messages etc (as have the agency) but there has been no action - I spoke to him a few days ago and he said he'll do what he needs to do asap but I today I received a message from the agent saying he hasn't done anything yet. This has been going on for three, almost four, weeks. I'm conscious that half of the deposit needs to be returned to the tenant that left (and she's getting increasingly impatient and frustrated, and thinks her former partner is delaying this process deliberately). Is there anything I can do? Is there anything I should do, legally, given that one half of the couple has given me notice and really wants her half of the deposit back? (note the person remaining has continued to pay the full rent during this time). I'd be grateful for any advice - thank-you.

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