landlord says I need to get my deposit back off another tenant

cowtipping

I moved out of a property on Dec 4th and have yet to get my deposit back. When we first moved in there were three of us and we've been renting the room off the landlord via a lettings agency.

Now, the landlord says I need to get my deposit back off the next person who moves in - so instead of him giving me the money (which he has been holding since we moved in in 2005), he expects whoever takes my room just to give me the cash instead.

Nobody has moved into the room yet (that I'm aware of). I have been chasing the ex-flatmate about this to no avail.

This doesn't sound right to me though. The landlord just says "I rent a flat not a room." I would assume, however, that's how most landlords work. Yet I've never had to get my deposit back off anybody but the landlord in the past.

Where do I stand with this?

robin_banks

that's a pile of merde, you pay the landlord the landlord pays you back.

Pitlanepiglet

You need to be clearer. Did you sign a joint tenancy agreement for the flat with the other two tenants? Or did you solely sign an agreement for just one room? Are you the only one moving out?

cowtipping

The three of us signed a tenacy agreement. I moved out during a break clause. so I am no longer part of the agreement...
So basically, the landlord is holding the deposit for the full flat and says he'll only pay it back once all the people who live there move out at the same time (chances of them moving together - zero).

Fred1_2

Did you move into the flat on or after 1 April 2007? If so, the landlord is required to proetect your deposit in an approved scheme and to give you details, within 14 days of taking the depoist, of which scheme was used. If he did that, you can approach the scheme administrators for advice. If he did not, then he has broken the law and you can sue him, via https://www.moneyclaim.gov.uk/csmco/guidelines_main.jsp for the return of your deposit plus compensation of three times your deposit. Before you go down that route, you may want to use the threat of legal action as a negotiating tool.

If you moved into the flat before 1 April 2007 then the above doesn't apply., You can still sue him via the online money claim website, but you don't have an automatic right to your deposit back and compensation.

cowtipping

Moved there in 2005. :-(
The people there before us all left together.

davejuk_2

Surely the deposit remains the same no matter how many people live there.

Regardless of what the contract says, if you're not on it any more then the landlord should give you your deposit back and collect the same amount from the remaining tenants. It's not for you to go chasing payments on your landlords behalf.

Fred1_2

Does this help http://england.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/tenancy_deposits/getting_an_unprotected_deposit_back

Despite what it says, the advice relates to England and Wales.

Davejuk is right. The deposit is an issue between you and your previous landlord, it has nothing to do with the new tenant(s). this sounds to me like he's trying to avoid protecting deposits by not taking one of his new tenant.

cowtipping

Thanks for the links.

I have dropped the lettings agency a line to see if they can do anything about it - their reputation is on the line if they deal with dodgy landlords! I'd rather use court action as a last resort.

50plusabit

I believe the landlord is correct. He has let a property to 3 people, taken a deposit for the property. you have chosen to move out, thats not his problem. He expects the rental to be paid, whether from 1,2,3 persons, is not his problem, its the tenants. Also there is a deposit taken on the the property, NOT on each individual. So the deposit stays with the property, until the tenancy comes to an end. This sometimes happens with students, and the new student moving in hands the deposit to the outgoing tenant. But this is where it becomes difficult, as the new tenants deposit has to be protected in the tds.

This is not good practice, you should have a new agreement drawn up with the new tenants name on, as you are still liable all the time your name is on that agreement.

cowtipping

My name is no longer on the agreement.