Can a Tenancy Deposit be repaid to a person who is not named on the TA.

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C
Cueball 83
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Situation as follows:-

Couple sign TA - one as lead tenant. Term AST 6 months duration.
Three months later she moves out leaving the non lead in residence who will take over and continue to pay the rent. An inter party arrangement is drawn up (by couple) whereby resident agrees to pay, and does pay the outgoing party half the deposit sum secured with the DPS.

A new TA agreement prepared is prepared to coincide with her formal removal from contract; this is now in the sole name of the remaining tenant.

Two months later (house thrashed in the meantime) the sole tenant is dead. Landlord (me) offers his dependents every assistance possible to deal with situation and suggests that a month might be sufficient time to deal with the after effects of the situation.

Day after funeral dependents call me to inform that "they" are handing property back and that I should attend at a particular time the following day.

This I do and to say I was shocked, disgusted and sadended to the core when I say my property is an understatement indeed.

All I got was abuse from the dependents and left with the carnage and filth unimaginable. They refused to enter into a check out condition inventory.

Costs of returning property to a habitable condition amounted to over 2800 over a six week period.

I produced over 300 photographs as evidence of condition, documented 31 breaches of TA and sought relief from the DPS of my expenditure under the deposit return of 700 to me.

Not a chance- the DPS paid it to the Lead Teanant who it would appear was still in cahoots with the deceased's kin.

A breach of natural justice or just part of the course played by gangsters in the DPS?

What do you think?

CB33


22/05/2012 00:00

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