Am I responsible for the deposit money paid to my brother?
Hi all I hope someone can help on this peculiar situation.
A tenant was signing up to a lease with my brother and duly paid him the deposit. The tenant then decided that they wanted to sign the lease agreements with me instead as I was the owner and subsequently did so.
Although my lease agreement stipulates a deposit I did not follow through as I had guarantees. Lease agreement is in my name and rent has been duly paid. I don’t hold a deposit.
A deposit was paid to a cancelled lease agreement. Am I responsible for the deposit money paid to my brother ?
Many thanks
Asif
15 comments on this article
Learn from your peers’ experience
A different perspective could help you spot an issue, avoid a mistake or find a better way forward. Read the comments and add your own views if you wish.
Previous Article
Damp and what the correct next steps are?
Member Since October 2013 - Comments: 248
4:10 PM, 8th December 2015, About 11 years ago
Just to be clear, because your brother was acting on your behalf, if the tenant initiates court action for the deposit + up to 3 times deposit , I believe it will be you, not your brother who will be in the dock.
Member Since May 2014 - Comments: 360
4:19 PM, 8th December 2015, About 11 years ago
Reply to the comment left by “John Frith” at “08/12/2015 – 16:10“:
Thanks I understand. I would settle with the tenant out of court and take it on the chin. The extending damage was concerns to my credit.
Member Since July 2013 - Comments: 1268 - Articles: 1
9:17 AM, 11th December 2015, About 11 years ago
If you have such a poor opinion of your brother, why was he involved in the first place?
Member Since May 2014 - Comments: 360
10:02 AM, 11th December 2015, About 11 years ago
Reply to the comment left by “Puzzler ” at “11/12/2015 – 09:17“:
You can choose your friends but not your relatives. He is successful in his own way by operating the way he does. I on the other hand operate by the book as best as I can. When these 2 world’s rub shoulders together there are usually sparks.
Member Since July 2013 - Comments: 1268 - Articles: 1
10:25 AM, 11th December 2015, About 11 years ago
Ha ha I understand that but I meant if you know this, why was he originally involved in signing the lease with your tenant in the first place?