Getting deposit off new housemate

Incyder

edwardmluk wrote: »

its just a shame she wouldn't just talk to us instead of sneaking around behind our backs.

Just moved in and being bullied already, poor love.

G_M

edwardmluk wrote: »

..... She thinks its wrong to pay us and not the LL or LA. No. It is you who are wrong. 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 thisI don't blame her 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. No, she is a tenant on the contract so is legally as responsible as you are.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. Well, you've put her in an awkward position. Asking her to 'trust' you when she is actually trying to do things properly! And it hardly seems like you trust her!

Thanks.

The old tenancy is ended. So the original deposit with mydeposits should be released. Returned to each of the 3 original tenants.

Then the deposit for the brand new tenancy agreement should be paid to the LL (presumably you will agree to mapy 25% each), and it will then be protected with mydeposits (or one of the other 2 schemes.

You cannot end a tenancy and leave the deposit in the scheme. The fact that some of the original tenants happen to be starting a new tenancy agreement is irrelevant.

Jowo_2

It is bad practice to pay deposits to flatmates rather than the landlord - here's why

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

edwardmluk

Sorting it with the letting agency next week.

IronWolf

Sounds like shes doing it the correct way, so it doesn't matter what her behaviour is like thats a separate issue.

If shes stealing and smoking then I suggest you collect evidence and bring criminal charges against her

N79

DVardysShadow wrote: »

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.

Actually, if this is going to be done formally your order is not quite correct.

The new deposit needs to be paid before the new tenancy starts. The old deposit should not be returned until the old tenancy ends. Therefore the approach would be:

4 Ts pay LL 1/4 of new deposit each. (This means that 3 of them have now paid 2 deposits).
LL and 4 Ts sign new agreement.
This counts as the surrender of the old agreement.
Old deposit is returned to the 3 original Ts.

Of course, the Ts probably would not like this approach so everyone needs to be reasonable here and act with some give and take!

edwardmluk

I'll speak to the agency and see if we can work things out without needing to pay a second deposit each. Thanks.