Getting deposit back?

samace83

Hi there,
Wondering if you peeps can help me please?
I signed a tenancy agreement in June 09 with a flatmate and had to leave the flat in November cause she was impossible to live with. I gave my months notice to the letting agent, and the landlady, and moved when that expired.
Now- am I able to claim back my deposit? It was held in the DPS, and according to the letting agents I'm not because it can't be split. Basically if I want my money I have to get in contact with the nutter who is still there.
The twist in this tale is that my landlady has now said I shouldn't claim the deposit as she wants it for the last months rent.... I just want to know is she allowed to do this?
Thanks in advance
Sam

Fire_Fox

If you signed a six month AST in June you are contracted to pay rent until the same date in December 2009. Your dispute with your ex-housemate is your problem, and does not affect your legal liability to pay a full six months rent. If it was a joint tenancy you are also liable for your ex-housemates rent if she defaults and vice versa.

Is the ex housemate still living in the flat? When you handed your notice in that should have triggered an end to the tenancy on behalf of you both at the six month point. If the landlord/ letting agent wished to allow your ex-housemate to remain she needs to sign a new tenancy agreement in her name only and pay a new deposit. Your deposit should be released as one unit as you were legally one tenant not two separate tenants.

samace83

Thanks for the reply Firefox, that was what I neded to know
Yes she is still there but I won't pursue the deposit; I'll put it down to experience and move on.
Many thanks again
Sam