Deposit money withheld query

newmy

Hello,

I am currently renting a house which is coming to the end of the lease.

I moved in with 3 friends in July '07. 2 of these people moved out in July 08 and were replaced by 2 new people. There are therefore now only 2 people living here who moved in origninally, we are both moving out when this lease comes to an end. The 2 people who moved in in July '08 are keen to stay on here and find 2 new tenants to replace the 2 of us moving out.

The problem lies here: A large proportion of the deposit money is mine which I am wanting back once I move out. However, I spoke to the LA today and they told me that if people stay on in the house and renew the contract, they can't release the deposit. This means I cannot get my deposit from the agency, and would instead have to ask the new tenants moving in. I DO NOT want to do this as we have been plagued with problems regarding this with the two people who left not being paid the deposit money by the people who moved in. I just want to do it nice and simply and get all my money back from the agency and cut any ties I have to this place, I've had enough of it now, and have basically sorted out everything for everyone who's lived here, constantly chasing rent/bills off people every month (as the direct debit to the agency and for all bills goes out of a bank account of mine) and chasing the 2 new people to pay the 2 who moved out their deposit money. I just want out now and to rid myself of my ties to this place.

If someone could offer me advice on how to get my full amount of money back from the agent I would be most grateful.

gauly

If the tenancy is ending you should get your money back - they are talking nonsense. Then the new tenants should sign a new tenancy and give a new deposit. I assume your money is in a protected tenancy deposit scheme? You could ask them for your money back, or try somewhere like Citizens Advice or Trading Standards, or try threatening small claims court.

newmy

It's in a protected scheme yeah.

I thought they were talking nonsense too, but more often than not when speaking to this LA, they never ever see sense and get lodged behind pointless bureacracy.

The thing is, I'm not entirely sure whether the tenancy counts as ending if people who are currently living here stay on and just renew the contract.

I did ask couldn't they just see it as a brand new tenancy rather than renewal and give me my money back, but they said they can't do this.

Incisor

newmy, do the tenants have separate contracts with the Landlord or are all the tenants on the one contract? This question is central to sorting out the way forward.

gauly

I believe if you are all on one tenancy then any one of the tenants has the right to end the tenancy. So if you have given notice that you are ending the tenancy that should be enough.

DawnW

Why not check with Shelter? Loads more use than CAB for specific housing matters.

gauly

Actually Shelter do mention this on their website:
http://shelter.dev.squiz.co.uk/get_advice/advice_topics/renting_and_leasehold/sharing_and_subletting/whose_name_the_agreement_is_in

It says:
"If a one joint tenant ends the tenancy, everyone will have to leave unless those that want to stay can negotiate a new tenancy with the landlord"

So I guess you do have the right to end the tenancy. Probably worth talking to Shelter anyway.

newmy

Thanks for all the advice guys. It's a joint contract with all of us on the same contract. We don't have any dealings with the landlord as the LA also manage the property.

I'll have a look at shelter's advice, and actually that quote is helpful, it's what I expected might be the case. The thing is I don't really want to pee off the 2 guys staying here by ending the tenancy, especially as I'm going to be living with them for a few morwe months before it finishes

However, sometimes I think it pays just to be selfish. These guys are nice enough, but if pee them off about this to the point that they don't want to speak to me it's no great loss for me.

newmy

Great! Thanks!

So old tenants staying on should see the deposit come out and go back. Leaving tenants should be reimbursed by the Landlord or by the agent on the Landlord's behalf

That's exactly how I thought it should be. However, we've renewed the contract twice due to being on 6 month contracts, and I have not seen the deposit come into my bank account and go out again so I can only assume they are guilty of some foul play over this? The second half is exactly how I thought it should be too. I assume that they try and get away with this purely for their convenience then? The person I spoke to actually said to me that it's up to me to chase the new tenant for my deposit money...I couldn't believe it, it didn't sound right at all to me.

Are there any official laws or LA spiel that I can throw back at them to show that I am in the right, and that their witholding the deposit money is not right?

Again, thanks very much for this advice, really appreciate it. :A

Incisor

newmy wrote: »

... That's exactly how I thought it should be. However, we've renewed the contract twice due to being on 6 month contracts, and I have not seen the deposit come into my bank account and go out again so I can only assume they are guilty of some foul play over this?

No foul play, you are not out of pocket and it happens so quickly you do not see it.

The second half is exactly how I thought it should be too. I assume that they try and get away with this purely for their convenience then? The person I spoke to actually said to me that it's up to me to chase the new tenant for my deposit money...I couldn't believe it, it didn't sound right at all to me.

Ignore them. Do you have a receipt for your deposit? It may be ignorance, it may be scam in that if the new tenant pays you, then the agent gets to pocket your deposit, since the new tenant cannot sue the agent as they have not paid the agent.

Are there any official laws or LA spiel that I can throw back at them to show that I am in the right, and that their witholding the deposit money is not right?

Never mind spiel. Just think about it. Your deposit is not paid to you by the new tenant and you take the new tenant to court. You will lose. You just need to be a bit hard with the agent and tell him that what the new tenant pays is between the agent and the new tenant as the only party you can sue is the Landlord or the agent in his place. [Make sure you have the Landlord's address for correspondence. You are entitled to it.]

newmy

Do you have a receipt for your deposit?

I do indeed. Thankfully I've kept all pieces of paperwork relevant to this house as I had such massive problems with my last landlord (a crooked student landlord) that I wanted to make sure I stay safe with this one.

Never mind spiel. Just think about it. Your deposit is not paid to you by the new tenant and you take the new tenant to court. You will lose.

The problem for me with not having any official sort of spiel is that I'm not particularly confident dealing with people on matters like this on the phone. Usually I am able to question what they say, but they always come back with something else. The part about new tenant is what I've been thinking, I've no leg to stand on legally if the new tenant doesn't pay me.

I'll give them another call and we'll see what the outcome is. I just know that what they're trying to do sounds completely wrong.