Deposit Refund For Rented Accommodation

[ClaireOD1]

I have been living with friends for the past 6 months, when we moved in, everything was fine and going well. Deposit before we moved in, rent and all bills come out of my account and housemates transfer money each month to be paid.
Things have since gone a bit sour!
Outstanding money is owed which they are refusing to pay.
We have now handed in our notice to go separate way, my housemates have contacted the Landlord privately and requested that the deposit get paid 3 ways into each our bank accounts.
Can they do this?
Does the deposit need to be paid back into the account it was paid from or at least into an account with the same name?
I do not want to be out of pocket when we move out with final payments etc and money owed which I will take out of the deposit if I need too.

Any help appreciated :)

[Maydup]

I would email or write to the landlord and confirm that the despite any requests to the contrary, the deposit refund is due entirely to you should be repaid back into the account that it was originally paid from and from which the rent has always been paid. Thank them for their understanding and trust that all is in order and your looking foreard to receiving £xxx.xx at their earliest convenience. No need to tell the whole story, just be brief and buisness like.

There is no reason why their request would take precedent over yours.

[AuntPollyGrey]

The landlord has nothing to do with paying back the deposit -he will legally have had to place it in a scheme. The deposit will go to the person(s) named on the original Tenancy Agreement. Are you the named Tenant? If so you will get the full deposit refund. You should have been given a pack by the Landlord showing what scheme he put the deposit in. If he has not done this he can be prosecuted. If he has you should be able to access the deposit account as the Tenant, and make sure your details for a refund are up to date.

[ClaireOD1]

I have explained the situation that outstanding bills etc need to be paid and that will be taken from the deposit if needed.

The landlord hasn't specified if they put it into a scheme, we have been told that they are holding it until we have moved out.

[ummmm]

I believe legally the landlord has to put it in the scheme x

[Maydup]

I agree that the money should be in a scheme, but thats not the issue thats concerning you really. Its about who the deposit is paid back to once you have moved out, hence my suggestion that you write with clear instructions to repay it to your account and give the bank account number and sort code.

[bednobs]

if it's not in a scheme, you can get up to 3x the amount of deposit back

[ClaireOD1]

Thank you @Maydup.
You are correct, I am not concerned about where the deposit is kept or anything like that as I know we will get it back.

My question is - If I paid the deposit from my account, does it get returned to my account as I was the idiot that paid it.

Thank you Maydup - I have sent across an email enquiring :)

[bednobs]

have you ever left rented accom before? dont be so sure about getting all the deposit back!

[AuntPollyGrey]

Claire forgive me but you are being extremely naïve about getting your deposit back. However, if your landlord tries it on and won't give it back simply report him
https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

[ClaireOD1]

I understand we may not get the full amount back due to maintenance and wear and tear etc.
We paid £1,400 deposit - we will get some of it back which I am sure of.

[AuntPollyGrey]

a) maintenance of the property is not allowed to be taken out of a deposit
B) Neither is reasonable wear and tear.

You landlord can only deduct for damage or loss. Good luck in trying to get your deposit back. If you rent another property insist the deposit is placed in a scheme. What your Landlord is doing is illegal.

[Maydup]

There's nothing to say the money is not in a scheme APG, the issue here is with the housemates, not with the landlord.

[Peter Pedant]

I think you may need advice on this one
citizens advice is a good start ( free )
since you are the one that pays the rent and put up the deposit
I would email and write to the landlord that any payments from him should be back to you

the deposit from his point of view is the dpeosit and should not be used to offset any expenses ( I think )

you have a right ( I think ) to demand who is holding the dpeosit

and - - - he is prevented from defending any action from you if he has taken a deposit and not put it into a scheme

oh and all actions have currently been suspended
SO.....
I think there are few point here that you need clarified and to take advice on

NB YOU are also planning to offset the deposit against various other expenses and you have to be sure you can do that ( I am not sure)

oh and please tell us what answers you got