DPS/Deposit Problems

anselld

My daughter has just completed 1 year rental at Uni shared with 4 other girls.

AST is singned individually (ie not joint tenancy), however LL has placed all deposits together with the DPS under another of the Ts as lead T. LL has now entered dispute as another of the girls has not paid final month rent which is more than her deposit.

What is the position here? I understand LL wish to recover lost rent, however that should be on an individual basis as it is not a joint tenancy. What action can we take if LL recovers monies leaving insufficient for return of daughter's share?

RayR22

I suggest you read the Tenancy Agreement first. It is normal for these agreements to have a statement that tenants are jointly and severally liable - even though the have individual agreements.

However, for students, it is also normal for each tenant to have a guarantor (who has signed a Guarantor's Agreement with the LL). The LL should be chasing up the guarantor first and taking legal action if necessary.

Don't let the LL take the easy action of getting the other tenants to cough up first. Contact him and check he is doing this but be aware that he will retain the outstanding debt from the deposit while doing so.

You can also contact the deposit scheme advice line for their view.

N79

RayR22 wrote: »

I suggest you read the Tenancy Agreement first. It is normal for these agreements to have a statement that tenants are jointly and severally liable - even though the have individual agreements.

However, for students, it is also normal for each tenant to have a guarantor (who has signed a Guarantor's Agreement with the LL). The LL should be chasing up the guarantor first and taking legal action if necessary.

Don't let the LL take the easy action of getting the other tenants to cough up first. Contact him and check he is doing this but be aware that he will retain the outstanding debt from the deposit while doing so.

You can also contact the deposit scheme advice line for their view.

I'm sorry but this is not quite true. If Ts are jointly and severably liable (and I agree that this is the heart of the matter) then there is no obligation for the LL to persue guarantor first. LL can persue any and all of the parties with liability, in any order. In reality they will go for whichever action is easiest first.

anselld

Thanks. I have read the agreement again and there is no mention of joint and several liability.
Surely legally you can only have joint liability with parties who have signed the same agreement anyway! However in this case it isnt even mentioned.
There are guarantors though so that is a good place to start.

tbs624

If you are certain the tenancy agreement is not under J&SL, and is for a designated room at the property together with use of communal areas, then your daughter and her fellow housemates should have asked for their deposits to be individually registered.

I would write a formal letter to the LL and to the DPS pointing out that there is no J&SL term within the contract and that you/your daughter will challenge any attempt to retain any part of her deposit in order to cover rent shortfalls of one of the other Ts.

If this property was obtained via the Uni accomms office check with them , because most Unis require all LLs who list with them to sign up to a code of conduct. You could also try the tenancy relations officer on the local Council's private sector rentals team.

theartfullodger

Agree with TBS...

Further, point out to him he may be contravening Housing Act 2004 Section 212-215 which permit T to sue LL for deposit & 3xdeposit (which goes to T).... This may focus his mind ...



Cheers!

Lodger