help with deposit

staple28

Hi All,

Looking for a little heads up for myself before i take this any futher as i dont know if i have a leg to stand on at the moment.

Basically, i moved into a rented property with my finacee a year ago, as he was in financial difficluty, i paid the admin fee and majority of the deposit. Things did not work out and though he could not afford the house on his own, he refused to move out, so i did. However the estate agent told me when i gave my notice that i cannot reclaim ANY (not even half) of the deposit back until my ex partner leaves this house.

He told me he would have to move out but its now 2 months down the line and he is still there. I could really do with this money. Can they legally keep it from me? The tennancy was in both of our names and the deposit was held in the correct deposit scheme.

Any help appreciated, if there is nothing i can do then there is nothign i can do, just i could do with a few hundred quid right now!!

Thanks

Jowo_2

Deposits are only returned after the last tenant has left because the landlord needs to check if there are any deductions due. You can always check the position with the Deposit Scheme in question to see how it can be returned.

Did you sign a joint tenancy agreement with your ex? This makes you jointly and severally liable for any arrears and damage.

Are there any arrears on the property as you've indicated your ex cannot afford the property so is the rent being paid? I keep reading conflicting arguments as to whether, once a joint tenant has served notice and left, they are still liable for the rent until the other joint tenant(s) leave but Shelter can advise.

Is the landlord serving notice on your ex to force him to leave - i.e. has the eviction process been kicked off? Ultimately, unless he leaves of his own volition, only a court order for possession of it gained by the landlord will get him out.

staple28

It was a joint tennancy yes, but i have my notice and the agent accepted that and as i understood it, he was now the sole tennant.

I will be very worried if i can still be held accountable for anything he owes on the property!

Thank You

princeofpounds

landlordzone forums has lawyers that will be able to unpick this one.

But I think that tenancy is terminated, but staple still liable until it is over for losses.

However, if LL does not mitigate his losses by pursuing eviction then LL may not have a case to claim them.

Deposit is almost certainly lost if there are significant arrears.

Jowo_2

staple28 wrote: »

It was a joint tennancy yes, but i have my notice and the agent accepted that and as i understood it, he was now the sole tennant.

I will be very worried if i can still be held accountable for anything he owes on the property!

Thank You

I don't mean to wind you up, it's just that I've never seen a great consensus on a joint tenant's liability once they've left the property and the other joint tenant remains in place. Essentially, the tenancy is still continuing while a tenant is in occupation. One tenant moving out doesn't automaticallly turn it into a sole tenancy for the tenant that remains.

However, as the previous OP has indicated, Landlordzone forums have housing soliticitors as members who can confirm the position and whether acceptance of your notice by the landlord protects you or whether the law deems your non-occupation an irrelevance.

Do you have written proof of the acceptance of your notice? Or did you get anything in writing from the agent assuring you that they don't consider you responsible? And this assumption of yours that it became a sole tenancy - was a new tenancy agreement drawn up with your ex in his sole name?

staple28

Just a update on this, i now (after months of chasing) have a letter from the EA, stating that i will not be held liable for any arrears that my expartner has on the property. Is this going to help my case?

It doenst sya thet have issude him with a new contract so i am guessing not?

staple28

Surely, i am listed on a tenency or i am not? If i am i should be bale to tell them i no longer want to be and recieve half of the deposit back and charge it back from my expartner who is now living there on his own?

Fire_Fox

Have you written to the landlord as the letting agent is being so slow/ obtuse? Did you originally cancel the tenancy in writing by recorded delivery? Have you since been communicating in writing or by telephone?