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Deposit Return

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heatherd1409 | 20:27 Fri 14th Dec 2012 | Law
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Hello. I have agreed with my landlord that all of the amount of my deposit will be returned to me as there is damage, rent and bills always paid etc etc. We now have a new landlord (same house, new owner) we have a tenancy agreement with him. He has said once we get our deposit back to pay him with a brand new deposit, as he wants a different amount. He is really laid back and udenrstands we need to wait for other deposit back. I have requested it, however the old landlady is saying she will only return it as a transfer to the new landlord, surely as she does not own the house and is not the landlord she does not have this right? It is our money and we need it, it is not up to her anymore to make the rules on what we do. Please advise if you know anything about this sort of stuff, thank you.
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Was the property sold to the new owner?
Were you transferred as sitting tenants?
Was the existing tenancy transferred or was a new tenancy created?
Was the deposit in a protected tenancy deposit scheme?

If the old tenancy ended you are entitled to have the deposit returned - its your money.
If the tenancy was transferred it would depend on the terms of the transfer.
If the deposit is in a protected tenancy deposit scheme contact whoever runs the scheme.
There are two types of deposit scheme and you should have been notified which was being used by the previous landlord, they are:
Custodial scheme or Insurance based scheme. At the end of the tenancy with either scheme, if the landlord and tenant have agreed how much of the deposit is to be returned, they will inform the scheme/landlord who will return the deposit.
If there is a dispute with either scheme the scheme holds the disputed amount until the matter is resolved.
If there is no dispute ask the previous landlord to return the deposit, having checked with the scheme provider if unsure.

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