Sister stole her flatmate’s deposit

[Huhy]

Sister just completed her final year at university in London.

Sister lived with an international student in a one bed flat - they converted living room for 2nd bedroom in Central London. They were friends and course mates prior to living together. Sister had an absolute nightmare with this flatmate but I think it is no excuse. So sister and flatmate got an email saying that only £400 of their deposit was being returned due to the state the flat was left in. Sister left the flat in March, tenancy ended in June. Sister left to come home as she was very stressed with dissertation and exams/sick of flatmate. Before she left she completely cleaned her bedroom. She agreed with flatmate to go halves on an end of tenancy clean.

Landlord came back and said the carpet in her flatmates room and her bed were ruined and therefore needed replacing. Sister texted friend saying well seeing as that is all your stuff, I think I’m entitled to the full remaining deposit. Flatmate said no, we’ll split. My sister was distraught as she took care of her room and the common areas as she knew she needed the deposit for her masters.

When I say my sister lived with a pig I am not exaggerating. Sister sent us pictures of their kitchen after she returned from Easter. The ENTIRE floor in their small kitchen had piled up bags of takeaway bags. It was shocking. Flatmate paid for a cleaner to pick up her shit. The other girl also had difficulty turning off the shower and would just leave it - causing damage to the flat below. Another time my sister picked up a towel that had been on the floor in bathroom for weeks and the other girl replied with “haha I can’t believe you touched that, that was a cum towel”. She would also routinely make my sister go with her to get the morning after pill whilst on her period - always thought she was pregnant. Trust me I know her being a nightmare does not justify theft.

Anyway sister figured out that their deposit had not been secured as she questioned the LL’s ability to unilaterally take whatever amount he wanted. The other girl was happy to walk away from the lost deposit. My sister told landlord to pay both deposits into her account as her flatmate has shut hers down. Well that was a lie.

Sister was immature and rubbed it in her flatmates face that she had her money. The flatmate has gone back to her home country (very well off). I got a message from the girl asking me to help. I’m shocked my sister acted this way, very uncharacteristic. Sister in fact has actually given the money to another friend who was struggling to pay her last month’s rent (I have seen texts and bank statements as evidence of this).

Im at a loss. Pleas tell me what to do!

Not your monkeys, not your circus.

What are your sister's expectations about this? Does she even want you involved?

Seems to me like you and your parents are sticking your oars in unnecessarily. I suggest you block the flatmate on social media or you risk complicating it further.

Beyond that, if your sister is happy to carry round the guilt of keeping the cash, that's up to her.The flatmate might go to the police, they might not. If your sister can live with that, there's nothing to be done, however much you and your family disapprove.

Your sister had no right to do this, this is without a doubt theft.

If the international student reports this to the police, your sister will most likely be charged resulting in a criminal record, as there will be evidence she lied to the LL in order to obtain both deposits by deception, thus depriving her former flatmate of what may well be her parent’s money.

Do you or your parents ever financially assist your sister? Do you offer any other forms of practical support?
If so, you could each chip in to return the money to the international student, or repay her in instalments.
This way, you as a family can have leverage to pressure her to return the money to you and your parents.

Another point, we are not certain your sister has indeed given the stolen money to another friend, if she was dishonest enough to lie to LL n order to steal the money, I doubt she’d hesitate to lie about where the stolen deposit went.
Is this one of the statements you saw verifying this?

It seems your parents realise something is wrong and they want to set your sister straight.

The worst lesson you all can teach your sister at this age is that she can get away with theft, you do not want to encourage future acts of theft.

If your sister had issues with the flatmate, they should have been dealt with separately at the time, rather than resorting to theft after flatmate has left the country.

My “but it’s not” was in response to poster saying my post was difficult to follow.

I understood completely what you were saying. Other posters lack comprehension skills.

I see why sister thinks she’s morally entitled to the money. She’s the one who fought for it, but half is isn’t hers. Legally it’s theft. You’ve pointed that out. There is nothing more that you can do. Tell the flatmate, you’ve tried but now it’s between them and she needs to stop contacting you. Warn your sister there might be legal consequences. Then wash your hands on the whole thing.

You really really don't

Tell your parents no

I'm not saying you've changed the numbers. Fwiw I think you're telling the truth about all this. I'm saying the numbers and what exactly they represent are unclear.

All I can judge from is what you've written on this thread. From that I get the impression that you are stressed, you are overly involved in your sister's life, your family has an unhealthy dynamic where you are expected to be both daughter and parent, and you are very reluctant to not get involved.

Sure, I could be completely wrong, but I don't seem to be the only one getting that vibe so perhaps food for thought?

It's nothing to do with you. It's quite simple - block the flatmate on social media, tell your parents it's not your problem, and leave your sister to it. If she gets into trouble then she might learn a lesson.

On a separate note if the LL didn’t secure the deposit correctly. They can report them and will be entitled to a compensation.

Thank you.

Hoenstly I was picking up racist undertones implying I was hard to understand when no facts have changed since initial post.

OP asks for advice.

Gets unanimous advice.

Ignores it and comes across as an arse to contributors.

Everyone: leaves.

If the deposit wasn't held in a protection scheme then my understanding from this forum is that landlord may have to pay 3 times the deposit in a fine.

Worth the flatmate and your sister investigating. Others in the property/DIY board will be more knowledgeable than me/you can search those boards for info.

Can be up to x3 the original deposit I believe

www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

https://england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_make_a_tenancy_deposit_compensation_claim

Have a look at this link, OP.

Worth a try.

If your sister has it in writing from the landlord that the deposit was not protected, all she needs to do is send the landlord and the letting agent a letter before action saying that since the deposit was not protected the landlord owes three times the total deposits paid (not just the original deposits returned) and so the landlord has only paid her a third of what he owes.

If she doesn't have it in writing that the deposit was not protected then the first thing she needs to do is send a formal letter to the landlord and the agent asking for a copy of the deposit protection certificate and saying that if he cannot provide it within 30 days she will make a claim.

If she makes a successful claim she could potentially be in a position to give the flatmate her deposit back and get a little extra money on top.

I’d just tell this girl you’ve spoken to your sister and encouraged her to repay the money and her parents are aware, then block her

My parents are Eastern European (language barrier) they have delegated to me.

Does your sister speak the same language as your parents? If so, then there isn’t a language barrier between them and their daughter. Your parents aren’t delegating anything, they like your sister’s ex flatmate feel ok to bully you. Block the ex flatmate and tell your parents no. Your sister is an idiot and will have to deal with the consequences of her idiocy.

I think my sister said something about eligibility to sue but she wants to draw a line. And is happy with just not losing her deposit.

Then block the harasser and move on. Not your problem to solve.

You have zero moral or legal obligation. Your sister is an adult. It’s her issue.

Don't get involved

But yes your sister is in the wrong

We all encounter bad housemates at some point. The solution is to move on, not steal the flatmate's money

I am at a loss as to why you think the flatemate taking the morning after pill and having wealthy parents are in any way relevant to your sister stealing money from her

@Huhy its not really suing - the landlord has a legal requirement to store in a secure deposit scheme

No you don’t, your sister does (and that’s open to debate due to the way flatmate treated your sister, and the mess/damage she caused in the flat). Block the flatmate and move on as it’s not your business to get involved in.
Also how did the flatmate “make” your sister go to get the morning after pill, your sister has the ability to say no.

It would also mean she had her money plus the amount she lent to a friend to then square with original flatmate

This is dumb, OP.

If she's eligible to sue then she's entitled to that money. I have to admit it doesn't really stack up, saying she really needed her deposit back for her masters but then she got a £1200 windfall and gave it to someone else to help them pay their rent, at the same time as being entitled to sue the landlord for more money but choosing not to because she wants to "draw a line under it", whilst being under pressure from both her flatmate and your parents to pay the flatmate her money back.

Are you sure she is telling the truth?

I don't think encouraging the OP's sister to pursue the landlord for more money when she has committed a crime is a great idea. She got back more than she paid out of her own pocket, if she's got any sense she'll let sleeping dogs lie and OP will stay out of it.