Letting Agent & DPS – Lead Tenant Deposit Process | The Tenants' Voice
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Letting Agent & DPS - Lead Tenant Deposit Process

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1120 views 1 replies latest reply: 14 April 2016

I have a situation where the Letting agent would only process a deposit for the property that i lived in whilst at Uni through one “lead tenant”. This meant that the nominated lead tenant was the person registered with the Deposit Protection Scheme and thier bank details were used for when the deposit was returned.

In principle this might sound fair, however and this is why i putting this out there, the lead tenant in my situation was my girlfriend and we split up during the time we were at Uni. The split was not a good one and therefore not being on speaking terms i contacted the letting agent and the DPS to figure out what i could do to make sure i had my portion of the deposit returned.

The DPS had no solution to this? I find this surprising and appalling that a business of this type and the letting agent industry as a whole has not considered that a lead tenant might not repay the other tenants their deposits. This now looks to me that the lead tenenat process the letting agent is recommending is just one of convenience. 

This should cease as a recommended practice. The deposit money does not belong to the lead tenant and by asking for the other tenants to entrust such a person with their money surely is poor practice on behalf of the letting agent and they must be held accountable for their advice and preference fo how the deposit it paid to them.

I am now pursuing this legally as the letting Agent Campus Cribs in Bolton are basically not interested in helping me with this matter

Has anyone out there experienced the same?

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Hi Dean

This is standard practise with all 3 deposit regulators- to have a lead tenant. However, this can easily be updated at any time during a tenancy.

This is very simple and should not incurr any costs at all. However, if this was not attempted until AFTER the end f the tenancy then a change at this late stage would not be permitted.

Your girlfriend, regardless of the circumstances of your fallout, has a legal repsonsibilty and obligation to return these funds to you (and any other parties) upon receipt. If she doesnt, you can take her to court, using your tenancy agreement as protection.

This law is to prevent the impossible ‘he said, she said’ of joint tenancies that would be impossible for agents, landlords or deposit regulators to rule upon.

I know this isnt what you wanted to hear but now you know what to do next time someone vacates a property- especially if they are the lead tenant on the deposit.

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