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Raphael pays a tenancy deposit on behalf of Timothy, who lives in a property for a 12 month tenancy. Who should the deposit be returned to at the end of the tenancy?

I'm wondering specifically if there are statutory provisions that address this question, not to be referred to the relevant contract.

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  • I'm wondering specifically if there are statutory provisions that address this question, not to be referred to the relevant contract.
    – TylerDurden
    Commented Jan 27, 2023 at 22:35
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    You should revise the question, not merely put clarification into comments, because comments can vanish without notice.
    – Mary
    Commented Jan 28, 2023 at 0:50
  • @Mary I would hope that they wouldn't if they contain valuable clarifications that haven't yet been integrated into the main question body.
    – TylerDurden
    Commented Jan 28, 2023 at 20:07
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    Safest to integrate it.
    – Mary
    Commented Jan 28, 2023 at 21:45

2 Answers 2

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The Housing Act 2004 requires that the deposit is returned to the Tenant, thus you return the deposit to Timothy, and what happens after that is between Raphael and Timothy.

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  • Can you refer to which particular section of the act requires this? Otherwise thanks.
    – TylerDurden
    Commented Jan 29, 2023 at 20:50
  • Also why then does the act require Raphael to be informed of the scheme’s functioning?
    – TylerDurden
    Commented Jan 29, 2023 at 20:52
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It depends whether:

  • Raphael is a party to the tenancy agreement
  • Timothy considered the money a gift, which he used to pay the deposit
  • Raphael considered the money to be a loan

In the absence of a written agreement, and assuming they dispute who should get it, some arbitration is going to be required (which may or may not be in a court).

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