It is not your fault that your landlord is subletting, but you are responsible for reclaiming your deposit
My tenant has gone to my landlord about subletting my flat. Should I make a claim for my deposit?
I’m frustrated by a solution I came across from solicitor Clare Beer, who advises homeowners to claim back money they pay in deposits to private landlords. Instead of asking for an independent valuation of a flat and deducting the deposit from the room rental price, she suggests that the homeowner claims back as much as they can through their accountants, depending on the amount and frequency of payments that are being made.
By doing this you can quickly recover the lost money. For some providers, it may be necessary to submit documentation such as receipts for the payments made to the tenants’ landlord. For others, the bills should be sent from the tenant’s bank and CML. The CML also offers advice on how to claim back money through their website.
If you are a private landlord under Financial Services Authority regulations, you are expected to return a deposit made on a tenanted property to the owner if the tenant leaves a flat or returns it when terminating the lease. If that fails to occur, it must be returned to the tenant within 30 days of the letting.
The FSA advises landlords to keep a log of the money they receive through the house deposit guarantee scheme (HDF). If they can’t provide a record of this, then the tenant should notify their manager or agent and tell them where the flat has been left and the date of the burglary or repair.
“It’s unfair that when someone leaves the property, they can’t get their deposit back, especially when they’ve worked hard to afford to buy the property. So, if it’s still empty, it seems like a good idea to find out if the rule applies to you,” Beer says.