I have just moved into a flatshare and gave the outgoing tenant their share of the deposit (one month's rent) as did my two flatmates who moved in recently also. In my last flatshare this is how it worked and the deposit that was with DPS was transferred from my name to the name of the incoming tenant who also replaced me on the tenancy agreement. However in that flat the tenancy and deposit was in the name of all three tenants. In this flat the tenancy and the deposit is in the name of one of the tenants who has moved out and the agency is saying they will only release the deposit to her and are asking us to pay them a deposit. Since we have already paid a month's rent to the outgoing tenants we don't want to pay this again to the landlord who is preparing to release the whole deposit back to the tenant who has left even though she has illegally sublet to us and is still liable for the rent. She has also moved to Spain leaving a load of unpaid bills behind so obviously there is no way we would ever get this money back from her. We have not signed anything yet although we would be happy to if there was a way of transferring the deposit held to us. We have been advised by CAB that if we don't pay February's rent we can recoup our money and the landlord can keep the deposit of the previous tenant as rent arrears. Then we can start afresh from March and sign a new agreement. However if the agency (they are managing agents so we haven't spoken to the landlord) doesn't agree and we don't pay the rent for February where do we stand in terms of eviction? We don't have any contract with the landlord but he does have a contract with the tenant who moved out. Can they change the locks and keep our stuff?