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  • Deposit Protection

    Deposit issue

    Would a deposit be deemed  'received' for an AST agreement if it states on the agreement itself  'Already Paid'  after the deposit amount ? I have signed five agreements all stating that the deposit is 'Already Paid'

    I have no receipt of proof of payment - though I was told by the agent that the deposit would be kept for my sole tenancy when the previous joint tenancy - under which the deposit was taken - ended.

    I now know the agent failed to update the protection correctly ( My Deposits still have the deposit registered for the joint tenancy ) but could a judge consider the deposit never actually received for my sole tenancy and in fact grant a possession order further to a Section 21. It seems to me that my landlord could not realistically claim he never wanted the deposit to be held against my tenancy five years on.

    There will be an accelerated possession hearing regarding the deposit at the end of next month.

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