Getting deposit off new housemate

edwardmluk

A new girl moved into my shared house. There were three of us originally,and between uswe paid the bond of four people. Before she moved in we explained we'd paid the full bond and so she would give us her share, with the assumption at the end of the tenancy we all split the deposit protections return evenly between the four of us. She agreed to this. Having moved in and her payday passing, she didnt pay us the money. Instead she's been contacting citizens advice. She thinks its wrong to pay us and not the LL or LA. I figured as we've got a receipt in my name for the full bond, and the mydeposits account registered to one of the other housemates then surely its just a trust issue. She refuses to believe this and she wants to pay the LL and then have him refund us her share.

The three of us want our money as currently she could wreck the house, and move out with no notice without losing a penny. What do we do? I sort of see where she's coming from, its just a shame she wouldn't just talk to us instead of sneaking around behind our backs.

Thanks.

Jenniefour

I assume then that you can give her short notice to leave?

G_M

What kind of contract do you have with the landlord? Is is a single contract with 'joint and several liability?'

If so, are you allowed to sublet?

It really depends who her landlord is! If she is subletting off you, then YOU are her landlord. YOU have a contract with her, and YOU are responsible for HER deposit.

If she is renting off your landlord, either on a seperate individual contract in her name, or as a joint party to a single contract in all your names, then she should pay the deposit to the landlord, who is responsible for returning it.

My guess is that you have a single contract for the property, in the names of 3 of you, and you want her to be your lodger, paying you her rent/deposit. But I suspect this would breach the terms of your own contract will doubtless forbid subletting.

edwardmluk

We had a shared contract with the three of us, but we have a new contract with all four names on it.

CloudCuckooLand

Why should she believe your verbal assurances? You don't trust her...its a two-way street.

The arrangement should be in writing. So you all know where you stand, and its not forgotten or amended when check-out time comes.

She's not going behind your back, if she is talking to the people she has a contract with - she's contractually obliged to...

G_M

edwardmluk wrote: »

We had a shared contract with the three of us, but we have a new contract with all four names on it.

Your original (3-some) contract is terminated and irrelevant.

She is party to the current joint contract with the landlord, so her responsibility is to the landlord, not to you. She should pay her share of the deposit to the landlord.

edwardmluk

So a who needs to do what in writing? Can just us tenants sorry this, or does the letting agency have to write something up? Its not like each of us has a piece of paper saying we each paid a third.

armour

You could ask her to give 1/4 of the deposit amount to the landlord who could then divide it into thirds and give this to each of you (original) tenants.

DVardysShadow

G_M wrote: »

Your original (3-some) contract is terminated and irrelevant.

She is party to the current joint contract with the landlord, so her responsibility is to the landlord, not to you. She should pay her share of the deposit to the landlord.

That sounds about right

edwardmluk wrote: »

So a who needs to do what in writing? Can just us tenants sorry this, or does the letting agency have to write something up? Its not like each of us has a piece of paper saying we each paid a third.

If the old contract is terminated, then the deposit under that contract should be returned, before taking new deposits.

Essentially, I believe that the new tenant would be unwise to hand over a deposit to anyone other than the LL or Agent. But the trust issue is a nonsense.

I would say LL owes 25% of the deposit to the 3 old tenants and the new tenant owes a 25% deposit to the LL. The old deposit should be released from protection and the new deposit should be separately protected. I suggest go back to LL and request return of deposit.

The only question I have about this is on whose initiative the new tenant was found? If it was LL, the above is fine - if it was tenants, then it is a lot of work for the LL.

edwardmluk

DVardysShadow wrote: »

The only question I have about this is on whose initiative the new tenant was found? If it was LL, the above is fine - if it was tenants, then it is a lot of work for the LL.

We found the tenant. What is all the extra work that is entailed?

DVardysShadow

LL has to close off old deposit with the relevant scheme, hand the money back to the old lead tenant, collect in the same amount of money from the current tenants in quarters and re protect it. Between the 3 of you, perhaps you need to sit the new tenant down and tell her that you will all be giving notice for the end of the AST and retaking the tenancy between the 3 of you, leaving her to find somewhere else unless she complies.