would you share the deposit?

ceh209

Basically, I was in a shared house and one of the tenants left, leaving the remaining 2 (including me) to pay the rent (we were 3 months through a 6 month AST). She gave us £100 towards it so between the 2 of us we've paid £750 in rent we shouldn't have otherwise done.

Now we've moved out at the end of the 6 months and as the agents fully knew about the situation and have only been dealing with us for a couple of months, they've returned the deposit equally between the 2 of us - despite the contract saying it would be equally returned to all tenants, and she was technically still a tenant on the contract. her share of the deposit would be less than the £750 rent we paid extra.

Now she's asking us what's happening about the deposit (we've only just received it back). I'd like to tell her to p!ss off - we've paid her rent so she shouldn't get anything back. The other tenant wants to talk to her and thinks we should give it back, as she 'didn't realise she was signing up for another 6 months' when i moved in.

2 questions - what's the legal position?
- what would you, morally, do?

lizzielondon

morally i'd keep it.

legally i'm not sure but believe you can keep it- she could take you to small claims court but i can't see you not winning?

CLAPTON

what did her contract say about the length of the tenancy?

G_M

I assume you had a single joint tenancy between the 3 of you?
So far as the LL is concerned, it doesn't matter who pays the rent - he can require it from any one or more of you. Same with the deposit. He's returned it so he's done his duty!

As for the sharing out between you. Well legally it could be argued there was a contract to spliut everything by a third. Certainly morally I'd say there was. So work out how much she owes for her third of the rent and balance that against the third of the deposit!

DVardysShadow

I would keep my half of her share up to £375 and if she gets insistent, I would ask her for what you paid to her share of the rent. You moved in when she signed a renewal so you signed in good faith that the other tenants were bound to the same agreement. Remember, if you had not paid her share, the Landlord could have taken any one or all of you to court under the joint and several liability - most likely the 2 who remained and not the one who left. Definitely she owes that money to you.

Gorgeous_George

The LA should have returned it to the the three of you equally. It may not seem fair but I believe that you would not win the case in Court. Did you make every effort to find another tenant? Can you prove it? Was the deposit held in a TDS?

So many questions and I know I am not being particularly helpful. For the sake of a few hundred pounds I wouldn't want to make an enemy of anyone. Equally, she shouldn't really expect any of the deposit back considering the inconvenience and expense that her actions caused.

I'd look for a compromise. Perhaps offering her half of her money as a gesture of goodwill would keep it friendly.

GG

DVardysShadow

Gorgeous_George wrote: »

The LA should have returned it to the the three of you equally. It may not seem fair but I believe that you would not win the case in Court. Did you make every effort to find another tenant? Can you prove it? Was the deposit held in a TDS?

So many questions and I know I am not being particularly helpful. For the sake of a few hundred pounds I wouldn't want to make an enemy of anyone. Equally, she shouldn't really expect any of the deposit back considering the inconvenience and expense that her actions caused.

I'd look for a compromise. Perhaps offering her half of her money as a gesture of goodwill would keep it friendly.

GG

While you are correct possibly about the outcome of a court case to recover the deposit, the remaining tenants have an equally valid counterclaim for the excess rent they were obliged to pay which would probably be upheld in court, if ever it got there. When it comes to mitigating losses on this, I believe that the obligation is on the tenant who left early to find a replacement tenant for the remainder of the term, acceptable to both Landlord and other tenants. But let's face it, who would be up for a 3 month tenancy.

Fire_Fox

Morally I think you have every right to keep the deposit; legally she could claim against you via the small claims court but you could legitimately submit a counter claim for the contract she walked out on. If she left with any outstanding household bills you could claim for those too. If it does go that far you must ensure that you have kept records of everything - copies of household bills, bank statements, AST and any documents relating to the end of the tenancy. Chances are your ex-housemate has not been so fastidious in her record keeping and would find it hard to prove what she did or did not pay months ago.

Ooooh cross post!!

G_M

Did you make every effort to find another tenant?

Irrelevant. Sub-letting would certainly breach the contract. To get a new tenant in would involve early surrender of the existing contract, which the LL might/might not agree to, and then starting a new tenancy with the new threesome.
Why should the LL agree to this? He can enforce the original tenancy against the remaining tenants.

ceh209

Fire_Fox wrote: »

Morally I think you have every right to keep the deposit; legally she could claim against you via the small claims court but you could legitimately submit a counter claim for the contract she walked out on.

That's what I thought, and I'd like to make her see that. If it did come to that and I was successful, I'd get more than just her share of the deposit. Therefore I think just keeping the deposit would be a good compromise.

We did advertise the room (the LA said they were happy to start a new 6 month tenancy if we found someone) and had quite a few people round, but no one wanted it

pingu2209

If her share of the deposit is greater than the extra £750 in rent you and your remaining tenant paid, I would pay her back the amount less the £750. So if her share is worth £800 - give her £50 back.

Do it face to face and explain your reasons.