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  • Deposit Protection

    Return Deposit to Interested Party?

    Hi

    We have a deposit protected with the TDS Custodial. It was supplied by a homeless charity on behalf of the tenant, so we registered the charity as an interested party. The tenancy has ended and there is a claim.Is it possible to deal with the interested party and not the tenant (as it's not his money)?

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    I don't know about TDS, but using DPS myself, I would just submit the claim to the scheme. Whoever gets the deposit money back can then agree to or dispute it.

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    It depends on any separate contract you may have with the interested party  or / and the interested party has with the tenant. The AST may determine the route of any returned deposit as well  . Unless there is a signature somewhere from the interested party to say it goes back to them  then as far as I am concerned they are interested yes but not from a legal point of view and they are therefore not legally part of the equation as my contract is with the tenant not them .

    So i get deposits supplied by the council and sometimes its a gift and sometimes its a loan to the tenant and they are responsible for paying it back to the council .

    I get a signed letter from the council to say it should go back to the tenant not the council . It has changed over the years when i ask them precisely about this issue 

    I would speak with the charity and seek their view and their position in writing first and take it from there 

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    Jonathan Clarke. http://www.buytoletmk.com