Transfer of Deposit

8 05 2010

Hi All,
Here you got an interesting question raised by another Belvoir office regarding a transfer of a tenant’s deposit….

Question
We have a tenant who has died and her partner, who was not named as a tenant on the tenancy agreement, wishes to take over the tenancy. We are referencing him at present. He wants to use the deposit which she paid as the original tenant.

Answer
When he has cleared through referencing start a new tenancy agreement with him. He will have to find his own deposit. The deposit forms part of the deceased estate and only when this is settled can it be known who is entitled to this asset.

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