united-kingdom england-and-wales deposit tenancy
If a tenancy deposit is paid by one other than the tenant (ie, a Relevant Person), who does the deposit less deductions get returned to post-tenancy?
<p>Raphael pays a tenancy deposit on behalf of Timothy, who lives in a property for a 12 month tenancy. Who should the deposit be returned to at the end of the tenancy?</p>
<p>I'm wondering specifically if there are statutory provisions that address this question, not to be referred to the relevant contract.</p>

<p>The <a href="https://www.legislation.gov.uk/ukpga/2004/34/part/6/chapter/4" rel="nofollow noreferrer">Housing Act 2004</a> requires that the deposit is returned to the Tenant, thus you return the deposit to Timothy, and what happens after that is between Raphael and Timothy.</p>

<p>It depends whether:</p>
<ul>
<li>Raphael is a party to the tenancy agreement</li>
<li>Timothy considered the money a gift, which he used to pay the deposit</li>
<li>Raphael considered the money to be a loan</li>
</ul>
<p>In the absence of a written agreement, and assuming they dispute who should get it, some arbitration is going to be required (which may or may not be in a court).</p>
