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Dear RLA,

I rent a house via an agent and they also do the management. The contract is joint between 6 tenants and it has parental guarantors. The deposit is logged with the DPS. Half way trough the contract one of the tenants ended his life. Part of the rent was not paid after that point and neither the tenants nor the agents were able to find replacement for that room. Later in the year 3 of the 5 remaining tenants found themselves replacement tenants for their rooms only, for the last 3 months of the contract (without having any confirmation from me). The deposit for these 3 tenants was returned to them by the agents without me knowing and with an outstanding rent at that time over 1000 pounds.The tenancy is to end 31-08-16. Can you please advise me

  1. Had the agent had the right to return part of the deposit while there was an outstanding rent (the contract is joint and all tenants were liable for missed payment)?
  2. Can I claim from the DPS via the agents now for the outstanding rent. The deposit that the DPS holds for the property is the same amount as at the beginning of contract but only 2 are the original tenants the 3 are replacement.

19/08/2016 17:50

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