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Getting out of a Lease

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Thefrenchman
Thefrenchman Posts: 16 Forumite
in House buying, renting & selling
In 2008 I took out a lease on a flat with my now ex-wife (I was the lead name on the contract due to my higher earnings).In 2009 I left the flat and contacted the leasing agent to ask them to terminate the lease (with notice) and return my half of the deposit.They refused to do it and said they had contacted the property owners who were happy for my ex-wife to carry on residence with my name still on the lease.I contacted MyDeposits but because the only copy of the lease I had was scanned on my computer (which at that time I couldn't get access to) they told me that the three month window I had after leaving had closed.I have contacted the managing agent several times over the years,but they refuse to answer.Is this legal? I have no idea what may have happened to my credit rating in the intervening time,and would like my share of the deposit back (even though I paid it in full)

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  • Guest101
    Guest101 Posts: 15,764 Forumite
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    Were you both named on the tenancy?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    Whilst one joint tenant can give notice to end the tenancy all tenants need to move out on or before the end of the notice period unless the tenant(s) who wish to remain sign a new tenancy agreement in their names only. Therefore, if your ex didn't move out and didn't sign a new tenancy agreement then there's no deposit to be returned at this time.
  • Thefrenchman
    Thefrenchman Posts: 16 Forumite
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    Pixie5740 wrote: »
    Whilst one joint tenant can give notice to end the tenancy all tenants need to move out on or before the end of the notice period unless the tenant(s) who wish to remain sign a new tenancy agreement in their names only. Therefore, if your ex didn't move out and didn't sign a new tenancy agreement then there's no deposit to be returned at this time.
    Would any debts or unpaid rent she might run up while living there effect my credit rating? And if she did (or has) moved on does the letting agent have any legal responsibility to contact me to return my portion of the deposit?
  • sparky130a
    sparky130a Posts: 660 Forumite
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    Thefrenchman wrote: »
    Would any debts or unpaid rent she might run up while living there effect my credit rating? And if she did (or has) moved on does the letting agent have any legal responsibility to contact me to return my portion of the deposit?

    The tenancy is presumably both yours..?

    How else are you financially linked?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    Thefrenchman wrote: »
    Would any debts or unpaid rent she might run up while living there effect my credit rating? And if she did (or has) moved on does the letting agent have any legal responsibility to contact me to return my portion of the deposit?

    If you are still joint tenants then you each have joint and several liability for the rent. Joint and several liability meaning that there is no "your" share of the rent or deposit. If the rent is not paid then the landlord has the option of pursuing one or both of you through court.

    If the joint tenancy had ended I would have expected the deposit scheme to have contacted the lead tenant about any deductions and/or the return of the deposit. It might be worth checking with all 3 schemes to see if it is still registered anywhere.
  • Thefrenchman
    Thefrenchman Posts: 16 Forumite
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    Pixie5740 wrote: »
    If you are still joint tenants then you each have joint and several liability for the rent. Joint and several liability meaning that there is no "your" share of the rent or deposit. If the rent is not paid then the landlord has the option of pursuing one or both of you through court.

    If the joint tenancy had ended I would have expected the deposit scheme to have contacted the lead tenant about any deductions and/or the return of the deposit. It might be worth checking with all 3 schemes to see if it is still registered anywhere.
    It is? or was registered at MyDeposits,but because when I first contacted them I didn't have access to the lease document,they declined to deal with me,then when I finally did get a copy,they told me the three month time limit to make a complaint had expired.They also refuse to tell me if the tenancy is still registered.
  • Thefrenchman
    Thefrenchman Posts: 16 Forumite
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    sparky130a wrote: »
    The tenancy is presumably both yours..?

    How else are you financially linked?
    As stated earlier mine is the lead name, as the agent required a proof of earnings and employment reference.And no other link.
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