House Mate issue

whunt18885

I hope this is in the correct place, I would love some advice from a Landlord / Property Mangement service etc.

So this is the situation...

I recently moved out of a 3 bed terrace that we rented with 2 other people. One of those people moved out at the same time i did. The final house mate who is a complete idiot (the reason why we moved out in the first place) is planning on taking the house on for themselves.

Firstly how does the deposit work, we have a contract with all 3 names on. I know that I should get the final housemate to pay our deposits and then they can take the full amount when they leave however there are 2 issues with this.

Firstly they did not actually pay the deposit my other house mate lent the money so they are not actually owed a penny.

Secondly if this troublesome housemate does not pay the rent then the rent will come out of my share of the deposit.

Thirdly the troublesome house mate will not pay me my deposit, you have to understand this person is an absolute nightmare to the point at which its actually dangerous being in the same house with them. She has suffered some sort of mental breakdown, quit her job and basically has lost the plot. If I even mention the deposit issue she goes ape and starts threatening to stab me to death, like I say she has completely lost it.

Obviously we both got out of there as fast as possible so I am physically safe but I would like my £200 deposit back and aknowledgment from the landlord that I am no longer responsible for the property.

I have cancelled all the utility bills etc (thankyfully they were in my name so that was easy)

Do I tell the landlord about all this and suggest he gets them evicted, despite assuring the landlord that she will take on the tennancy herslef I know for a fact that she will default on the rent immediately. Her wages are not enough to cover the rent let alone any bills.

Advice please.

Sophie4120

Has the landlord issued a new contract with your names removed?

kazwookie

Formally tell the landlord you have left, in writing.

whunt18885

Ok I have formally told the agency we are leaving at the end of the contract (5/5/11) but what do I do about money owed to me ,Is this just lost ?

sooz

You say the contract has all 3 names on it? Does it mention that you are jointly and severally liable?

Forget the deposit return for now - have you and your other leaving flatmate actually given notice to your landlord?

Do you have anything in writing from the landlord agreeing to you leaving early? Or anything in writing that the remaining flatmate having the joint contract assigned to her alone?

You really must sort this out first, or you may find yourself chased for all the remaining rent until she moves out or is evicted (as you already say she can't afford the rent alone).

And if you are threatened again report her to the police.

Sambucus_Nigra

I'd request your share of the deposit from the landlord and leave it at that.

It's not up to you to point out that she will default. He will need to sign a new agreement with the remaining tenant. Your agreement is not with the remaining tenant, it's with the landlord.

sariebeth

If you are leaving at the end of your official contract then you should be able to claim your share of the deposit back providing you have let the landlord know you wont be renewing the contract. Make it clear that you have finished your contract and any subsequent one she takes out is not for you.

However, if she trashes the house or something in your absence then you may loose out.

whunt18885

The landlord is aware that 2 of us are leaving and I will make sure he removes us from from the contract. Hopefully he can advice on deposit.

sariebeth

By the way, your deposit is with the landlord so you should claim it through them, not the bad housemate, she can arrange new contracts and deposits for herself

RAS

whunt18885 wrote: »

The landlord is aware that 2 of us are leaving and I will make sure he removes us from from the contract. Hopefully he can advice on deposit.

This is not really good enough. Legally if any one of the three of you stays in the property after 5.5.11, all three of you are going to remain liable for the whole rent.

Have you WRITTEN, not e-mailed, or spoken to, the landlord and advised him that you are leaving?

whunt18885

I have written acceptance from the landlord that as of 10/04/11 I have moved out.