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Sub Tenant Frauduently took deposit money

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Please can you suggest if we can file the case against female tenant (ex). Please see below brief of the case:

In Jan-14, a couple started the assured short term tenancy in my property and renewd in Jan15 for another year.

At the start of the tenancy , I served them Tenancy Agreement and put the deposit in DPS.

I sent the deposit to DPS within 2 days and informed them verbally that the deposit has been sent to DPS and an email from DPS also confirmed that.

Everything was working well until the couple split up in Jan 2016. The gentleman moved out without intimating us.

The lady wanted to continue the tenancy so a new contract was prepared in her name, she confirmed to keep the same deposit as her deposit as that was her money when they were together but the lead tenant name wasn't changed with DPS. When she left in June 2016, the request for returning the money from DPS arrived and we immediately returned the money to DPS account where the name was of the gentleman. Not being aware of the information, about who is managing the DPS account.

During the same time, gentleman started emailing to return of his deposit (£1575) which we discussed with the lady and she had convinced us that deposit was her money and she is sorting it out with him, hence we ignored his emails.

He even thretened to go for legal action for the same which was again ignored.

We moved into a new property in MAY 2015 informing them verbally about the new address.

And finally in December 2017, we received a High Court Enforcement letter at our current address.

When we investiagted we got to know that the guy has lodged a court case against me and all the court hearing etc post has been going at the old address which we never got.

As a result there was a judgement(on 25 Oct 2017) agianst me to pay 3 times the deposit(Section 2004 housing act, section 213 sub section 5/6- failed to provide the prescribed information of deposit) plus the original deposit (as per Judge it was given to wrong person but I beleive it was paid via DPS to the lead tenant) and all the court and legal expenses amount £7100.

I prepared all the evidences and applied for a Set Aside Judgement as we never received any claim or judgement copies and never had the chance to defend our side.

On the hearing day(8th March 2018) for set aside judgement, we got to know that we are missing a PRESCRIBED FORM ( we were not aware of this at all) . The judgement went against us and now we are liable to pay 4 times the deposit with solicitor fees which is £1400(statement of cost). They say we are in breach of contract due to :

1. Not producing the Prescribed Form
2. Not informing in writing the change of address
3. DPS money returned to wrong person.

We are in so much trouble as we never intended to keep anyones money and have paid back all we had in DPS but still liable to pay almost £8500 from our hard earned money.

We are seeking for the honest opinion if we can file the case against the women who managed the DPS account and received the depoisit pretending it was her deposit at the start of the contract in 2014 whereas 8th March, court judgement contradict that we have paid it to the wrong person ( not to the male tenant).

Can we claim back our deposit (that was paid to her and now to her boyfriend with 3 times of money) plus any other compensation for the harrasment and trauma we have suffered as a family.
Please can you also advice if we can file the case against her and if so then please let me know the full cost that would be involved for this case.

Many Thanks,

Nitasha Chopra

07877798901

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Thank you for your post. 

I am sorry that we have not replied sooner. This was a pilot project that was only due to start from Jun 2018. 

Having read your post I am sorry to say that it is the Landlord's responsibility to protect a tenant's deposit and serve the prescribed information on a tenant.If you had an agency agreement with the lady where it was agreed that she would be responsible for deposit registration and tenancy management (and agreed to indemnify against any losses for omissions or actions) then we may be able to assist further. 

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