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Problems with getting deposit back from landlord (joint tenancy)
the_flying_finn
Posts: 2 Newbie
Last year, i lived in a student house. Originally 3 of us signed the following contract http://accommodationwarehouse.com/pdf/Contracts.pdf ; however, one tenant did not move in.
As a result, one room in our property was empty for the whole year. The landlord, however, did try to fill this room and showed people around etc.
Essentially, i am now being told that my £100 deposit will not be being returned because of the housemate who did not take up his place in the house after signing the contract (he did not pay any rent despite signing up).
Absolutely, no mention was made of this during our stay and neither my remaining housemate or myself were told we may have to meet the costs of the missing tenant's rent. They could have informed us about this the whole time that we stayed there and we received no letters stating we were liable for rent arrears on his behalf.
Basically, they are claiming it is a joint tenancy agreement and we are liable for the rent now and are therefore witholding our deposits.
Can somebody take a look at that link and tell me where this contract mentions a joint tenancy? Do i have a leg to stand on?
I'm worried that if i try to pursue it that they'll try and sue myself and my other housemate for the rent for the guy who didn't take up his place in the house.
As i signed the agreement in January 2007, i understand that i am not covered by the tenancy deposit scheme.
Thanks in advance guys!
As a result, one room in our property was empty for the whole year. The landlord, however, did try to fill this room and showed people around etc.
Essentially, i am now being told that my £100 deposit will not be being returned because of the housemate who did not take up his place in the house after signing the contract (he did not pay any rent despite signing up).
Absolutely, no mention was made of this during our stay and neither my remaining housemate or myself were told we may have to meet the costs of the missing tenant's rent. They could have informed us about this the whole time that we stayed there and we received no letters stating we were liable for rent arrears on his behalf.
Basically, they are claiming it is a joint tenancy agreement and we are liable for the rent now and are therefore witholding our deposits.
Can somebody take a look at that link and tell me where this contract mentions a joint tenancy? Do i have a leg to stand on?
I'm worried that if i try to pursue it that they'll try and sue myself and my other housemate for the rent for the guy who didn't take up his place in the house.
As i signed the agreement in January 2007, i understand that i am not covered by the tenancy deposit scheme.
Thanks in advance guys!
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Comments
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I only quickly did a search in the contract document for the word 'joint' and the phrase 'joint and several' came up. Rad it for yourself carefully and see to what extent it applies, but it loks to me like you are responsible. You could all sue your no show tenant, if you could find him? It shows the pitfalls of taking on joint and several agreements.After the uprising of the 17th June The Secretary of the Writers Union
Had leaflets distributed in the Stalinallee Stating that the people
Had forfeited the confidence of the government And could win it back only
By redoubled efforts. Would it not be easier In that case for the government
To dissolve the people
And elect another?0 -
the_flying_finn wrote: »Can somebody take a look at that link and tell me where this contract mentions a joint tenancy?
Clause 4.2 is the killer
"Where the landlord or the tenant consists of more than one person the covenants on their part in this agreement shall be joint and several"
Cleverly, the rent is to be paid in four instalments - but not by four different people. You need to take this agreement to CAB or speak to Shelter, but it does appear that those named on the agreement are responsible for all the rent stated in the agreement. If one doesn't pay his/her share, the others are liable for it.Warning ..... I'm a peri-menopausal axe-wielding maniac
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