Advice Required: Returning Tenants Deposit [brother and sister] [thanks in advance]

Q: I leave my house to a . Can I return the deposit to only one of them?
The sister has asked me for a check made payable only to her. If I do this to me, the hunt for his half brother?

Thanks advance


A:They are related to each other and not to me.

I don't know who paid the deposit as a letting agent handled that.

If it was a joint tenancy agreement with both tenants equally and jointly liable to pay the rent then you can send the entire deposit cheque to the sister without contacting the brother. Then if he asks you, you just point to this clause.

However when I was in those sort of tenancies the landlord or letting agent just sent me back a share of the deposit without proof that I had given this at the start.

As long as you pay the full deposit back to one or both parties it's up to them to sort out how the money is divided.


A:Normally it wouldn't matter but as they are related to you:
1. If you took 2 deposit cheques i.e. half from each of them, return it as 2 cheques. That way neither of them can come after you.

2. If you took 1 deposit cheque return it to the party the original cheque was from. If the other party comes after you they don't have a legal leg to stand on.

They are related to each other and not to me.

I don't know who paid the deposit as a letting agent handled that.


A:Normally it wouldn't matter but as they are related to you:
1. If you took 2 deposit cheques i.e. half from each of them, return it as 2 cheques. That way neither of them can come after you.

2. If you took 1 deposit cheque return it to the party the original cheque was from. If the other party comes after you they don't have a legal leg to stand on.


A:Call them up & speak to the brother, he may not have a problem, if you can't get through or can only speak to the sister. Make out a cheque to each of them & tell her it's a tax issue (which it may be, but probably isn't, but it gets you off the hook).

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