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Question

Deposits and Tenancy Deposit Schemes (England) | England | Start of a Tenancy (England)

TRANSFER OF DEPOSIT-PURCHASED PROPERTY TENANT IN SITU

17 Oct 2020 | 2 comments

I have bought a property with the tenant in situ back in Aug 2020, I am still in the process of having the deposit from the tenant moved from the previous landlords deposit account to my own via mydeposits. However the previous landlord has claimed to have done this buti have not received in my account, I have tried to pick this up with mydeposits however they are unwilling to speak to me as the transfer is in the previous landlords name due to GDPR they will only talk to her. She is not responding to my msgs to chase the transfer to ensure it ends up in my account. Im not really sure where I stand in terms of liability and what I can do here? Any advice would be much appreciated?

Answer

2 Comments

  1. guildy

    The only thing we could suggest in addition to the chasing you’re already doing, is to protect the deposit even thou you’ve not got it yet.

    It’s not clear if you’re using custodial or insured for the protection but if you insured the deposit, at least it would be protected. When you pay the insurance premium, you don’t technically need the physical deposit at that time.

    That buys you time to continue chasing for the transfer and if needed perhaps the solicitor used for the purchase could do a chasing letter for you.

    You would then at least have until the tenant needs the deposit back to have got it sorted and will avoid any problems about it not being protected.

  2. kaykadara_2004

    Hi thanks for getting back to me. I have a custodial scheme set up waiting for the payment transfer. Are you suggesting that I can have an insurance policy which will cover the deposit? I have thought about this in light of the situation. I am unable to get the solicitors involved as they said this in not under their remit. As they only deal with the “sale” of the property regardless of the tenant in situ so I have had to deal with the previous landlord directly myself in regards to the tenant.

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