172925

Good morning everyone I have recently joined NLA.. Currently going through my training at Legacy, and so still very new to all of this so was hoping I could get some help here.

I have a question from a friend of mine who knows I am getting involved in this business, an he asked me to
find something out which I dont have the answer for and was hoping to get some help....

So basically he moved into a flat share in London a few months back, and paid a deposit, however there was no paperwork.
He paid the deposit to one of the other tenants (whose name the lease is in), but he was not given anything (receipts or anything)
for the deposit, the only thing he has is a facebook message about the fact that he paid it and that it was received by the other tenant.

He is now looking to move out and wants the deposit back, but the guy has told him that he cant have the deposit as he no longer has it to give back .

There is no tenancy agreement or nothing, it was just an informal agreement that he could stay in the room and pay rent (which he has done every month) and has
proof of it (Bank statements and Whatsapp messages saying its been received etc)

Is the deposit supposed to have been protected, and if so does he have any come back on it, and with no tenancy agreement in place he does not know if he will
see the deposit back. He has given a months notice even though there was no agreement to do so (officially)

What can be done about this ?

I'm sorry - not an expert, very new here myself - but if your friend as no paperwork to prove he has given a deposit and no tenancy agreement, I don't see how he can possibly hope to get it back. It just occurs to me that your friend can pursue the claim for the deposit in the small claims court and/or leave immediately so as to work off the equivalent in rent via the deposit paid? Assuming it was around the same amount?

© National Landlords Association : 2nd Floor, 200 Union Street, London SE1 0LX