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danlightbulb Offline
Business Planning
 
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Join Date: Jun 2007
landlord deposit dispute in small claims court - please help - 06-06-2007, 12:36 PM

Hi all,

Cutting a long story short, my sister is claiming against her ex landlady for return of deposit.

The dispute is not about whether the deposit should be returned but about who is required to return it.

My sister originally paid the deposit to a letting agent acting on behalf of the landlord.

Then the landlord decided to ditch the letting agent and sort things out himself.

Then there was a divorce settlement between the landlord and his wife, and the wife got the property in the settlement, meaning she became the landlady.

Now my sister and I think that the landlady is responsible for returning the deposit, despite who it was paid to originally.

Are we right and does the law support this if it came to a court hearing.


Many thanks
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Peter Bowen Offline
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Location: Bangor N.I.
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Re: landlord deposit dispute in small claims court - please help - 06-06-2007, 04:35 PM

Not a legal expert but suggest that you take action against all three. A summons does wonderful things for motivating some people

Letting agent
Landlady
Husband

Good luck

Cheers

Pete
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Private Investigator
 
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Re: landlord deposit dispute in small claims court - please help - 06-06-2007, 05:55 PM

seems to me that the person resposable for the debt is the original party. They then in turn extract the money from whomever.

But you should contact a solicitor


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bwglaw Offline
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Re: landlord deposit dispute in small claims court - please help - 07-06-2007, 03:25 PM

Need sight of tenancy agreement to ascertain who is a party to the contract and whether any third party can have any liability i.e. letting agent in fact holding the deposit.


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