Complex lettings issue. (tenant view)

Zi_oo

Hey folks,

This is my first post here. I heard it was a good place to go to get answers for some of life’s more difficult questions. Hopefully somebody can help. I'll keep it as simple as possible

Cutting a very, very long story short; 8 months ago I separated from my partner of 5 years. We rented privately together with both our names on the tenancy agreement and have never had any issues. I however, stumped up the £1200 deposit and have paid for everything in the house. The tenancy had past the 12 month fixed period and was ona periodic, rolling lease.

When we split, she demanded that she should stay in the property, that I should leave. She would keep up rent with her housing benefit claim as a 'single mother'. (never claimed a benefit in my life, so don't understand how it all works)

I left the property and have kept the letting agent informed at every juncture. I offered notice to quit for just myself and paid 1 months notice before cancelling my standing order. Although the letting agent understood, they refused to remove my name from the tenancy agreement. I was willing to leave the deposit in escrow with them until the ex eventually moved.

Last month, she was evicted from the property through the county court as the landlord wished to sell the property. She has a new place, but only now that she's been evicted have the council housed her.

I haven't set foot in the property since I left back in March but am told by the letting agent that she has neglected the house's upkeep and owes the last months rent.

My issues are three fold;

A) Where do I stand on getting my damage deposit back?

As my name was still on the paperwork for the house, and the court order was therefore also my name, will this affect my credit rating or chance of future leasing? No money order was made, the paperwork which was sent to be ordered that the property is vacated and that court fees are paid.

C) Have the letting agent acted accordingly regarding the change in circumstances and unwillingness to change the agreement. Surely people who rent privately, separate all the time!

I get the impression I have been royally screwed over and strung along by the ex. I feel although I have been the means to her end and have been exploited by 'doing the decent thing'.

Any advice would be appreciated.

Kind regards



A very frustrated chap who has lost all faith in society.

BitterAndTwisted

If it was a joint-tenancy then I can't see how the agents or the landlord they represent have acted in bad faith. By not returning the deposit I believe they have acted in the landlord's best interests.

You have been screwed over but it's not by either the agent or the landlord.

princeofpounds

This would all hinge on whether you actually gave notice to quit on your contract or not, and whether the LA/LL effectively gave her a new contract or not that would supersede your joint contract.

If you were no longer contracted, the LL was liable to return your deposit at the time, and potentially still is (although statue of limitations might apply it has been so long and you have shown no inclination to retrieve it).

If there is a CCJ it will affect your credit rating, but an eviction order won't. Look up your credit record at experian/equifax to understand.

Frankly I think you are pretty stuffed practically speaking in term of the deposit. You made some bad choices when you separated in how you handled things and these are now coming back to bite you.

Zi_oo

Thanks for the speedy replies.

I offered my original notice to quit in writing the week after I left the property. The letting agent and landlord, in communication with the ex, allowed the ex to continue living there and paying rent by herself.

So they acknowledged that I was no longer part of the equation but refused to remove me from the periodic contract. I don't know whether they should have set up a new contract there and then for the ex alone. That’s the point.

The order made through the court was a 'repossession order' and resulted in the court ordering the ex (both of us on paper) to leave the property by a set date and to pay the costs. That's it, no more. I wrote a 3 page letter to the court and carbon copied the landlord explaining the situation, as I had lost faith in the letting agent. It seems although it’s been ignored and not taken in to account.

It's hard when you don't know what is possible and what's not. After all, there is no guide book for separation and divorce and it's often difficult to make decisions when you're in emotional turmoil.


Thanks

Zi_oo

Anyone help?:T

adg1

Zi_oo wrote: »

Anyone help?:T

It depends on whether the agent provided a totally new tenancy agreement with her name on the front or continued to use the original, joint and several tenancy agreement that was provided when you moved in.

Ask them for a copy of your notice letter and what they did wit hit.

If your ex was claiming housing benefit as a single mum then she'd have had to provide a tenancy agreement to the council with just her name on it - otherwise you'd have had to go through the finance procedures of the council offices.

Try to locate this agreement if possible.

The letting agent and landlord don't seem to have screwed you over here, your ex has knowing that the deposit held was not hers. If however, they have done a new tenancy agreement with your ex, signed by both parties and have removed you from the TA then you should have some recourse though quite how you'd go about it I don't know.

I'd probably talk to the EA and ask to see the tenancy agreement that they gave to your ex to take to the council.

Meatballs

If you gave correct notice, ending on the correct dates then that should be enough to end the original tenancy agreement. If LL/agent did not draw up a new agreement for your ex that's their problem..?

'If you are a joint tenantand the other joint tenant gives notice to your landlord, the tenancy is likely to end for both of you. If you want to keep your tenancy from ending, it is important to try to prevent this from happening, as once the correct notice has been given, it's very difficult to reverse.'
Shelter

What exactly did you send to the Letting agent? Do you have a copy of the email or letter?

http://england.shelter.org.uk/get_advice/families_and_relationships/relationship_breakdown/options_for_tenants/cohabiting_couples#2

Brb

When you did the NTQ it ended the tenancy for both of you. They had no right to leave your details on at all and you should have received your deposit back then. As adg1 says if she claimed benefits then she would have had to provide an (original) AST agreement with just her name on (or it would have affected the whole claim if she was living with a partner).

http://england.shelter.org.uk/get_advice/renting_and_leasehold/joint_tenancies

Zi_oo

I have the letter, but hard copy.

Essentially it said that I have seperated from ex and am no longer living at the address. I stated that I would fund a further months rent but then contact should be established with the ex regarding a new standing order (which was done).

I gave a date, and on that date I stopped the standing order. I also offered a forwarding address and mentioned the deposit which I asked be repaid as soon as was possible.

(Ie as soon as they sorted things out with ex)

The next thing I know, the ex is paying the rent but I get a letter from the agent saying that they cannot remove me from the agreement and would be keeping the deposit until the ex moves out.

I just accepted this as at the time things were agreeable and I had faith in the ex. Now, things have changed, much to my surprise, I'm screwed over as she hasn't looked after the place!

I really appreciate your replies, many thanks.

princeofpounds

It seems to be the case, although it is a grey and arguable situation in court, that given you supplied notice and left and explained a situation, they in effect did award a new tenancy to your ex. If a judge accepts this argument then you are due your deposit back.

However, given you have left it for 5 years it would seem to indicate that you were not keen to have your deposit back, which might imply that you saw the tenancy as continuing or you were happy to sacrifice the deposit at the time.

The problem is you can't have it both ways - you should have pursued the deposit at the time. Whilt a judge may decide in your favour they might not and I'm wondering if it is worth the time and risk of incurring costs (court, not your opponent's).

If you have a CCJ on your record it might be more important to tackle the issue, but then you would have to set aside the old verdict as well!

olly300

Zi_oo wrote: »

I have the letter, but hard copy.

Essentially it said that I have seperated from ex and am no longer living at the address. I stated that I would fund a further months rent but then contact should be established with the ex regarding a new standing order (which was done).

I gave a date, and on that date I stopped the standing order. I also offered a forwarding address and mentioned the deposit which I asked be repaid as soon as was possible.

(Ie as soon as they sorted things out with ex)

The next thing I know, the ex is paying the rent but I get a letter from the agent saying that they cannot remove me from the agreement and would be keeping the deposit until the ex moves out.

I just accepted this as at the time things were agreeable and I had faith in the ex. Now, things have changed, much to my surprise, I'm screwed over as she hasn't looked after the place!

I really appreciate your replies, many thanks.

The problem is you left it at that rather than fight your corner.

If you fought (shown by writing letters/emails) and insisted that your name was removed from the tenancy then you could take the landlord to court over getting your deposit back as there would have been a dispute.

The letting agent is an agent of the landlord but the ultimate responsibility lies with landlord. However not all letting agents or landlords are fully versed with the law. (The ones who post answers on this board tend to be different.)

However as you believed in the good faith of your ex then the person you need to pursue is your ex, as you loaned her the money. As your ex has no money then this is a waste of time. Plus as there is a child/children involved I would be very careful taking such a situation in front of a judge. If she did have the means to pay you back the judge would have some strong words for you.