House Mate issue

G_M

whunt18885 wrote: »

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

So now write and ask for a similar written confirmation of when the LL will be coming to do a check-out inventory, and how soon after that he will return your deposit.

Instead of asking us, ask your LL!

BitterAndTwisted

Moving out and surrendering the property are not the same thing. You need to get confirmation from the landlord IN WRITING that your AST is ending on the 5th of May and that your responsibility for the property and the rent ends on that date.

As you have been advised, should the third tenant not vacate at the end of the fixed-term or negotiate a new and separate one both of you could continue to be liable for all of the rent. The landlord could be giving lots of reassurance now but if the inevitable happens they could see an opportunity to have their losses covered. By pursuing you and the other flatmate, possibly through the courts.

dancingfairy

Tell the council the date your contract will cease so you are no longer liable for council tax. Make sure you inform them in writing/email? and if possible get a reply from them in writing/email. This is in case they try and come back later and charge you for ctax after you left. They can then charge your remaining housemate for a new set of council tax in their name only from when they become the only tenant.
You also need to make sure you know the last date of your tenancy - this may or may not be the date you moved out as you will have had to given notice dependent on what type of tenancy you had at the time. You are jointly liable for rent and council tax, bills etc up until this time - whether you physically live there or not. You also won't be getting your deposit back until the end of the tenancy as your tenancy is still live until the 05/05 so you will have to rely on the tenant left paying their share of the bills and not trashing the place until you're all offically realeased from this current tenancy.
df

dancingfairy

B and T - are you saying that if the remaining housemate refuses to move out/ sign a new tenancy then all 3 of them are liable for the costs until things are resolved? In this case the OP would then have to consider suing the remaining housemate for any costs incurred? Sounds like things could potentially turn nasty.
df
OP - where exactly is the deposit? presumably it was given to the agents/landlord and put in a scheme - in which case if things end well you should all get your third back and it's then up to you to sort individually who lent who what to pay the deposit.

BitterAndTwisted

dancingfairy wrote: »

B and T - are you saying that if the remaining housemate refuses to move out/ sign a new tenancy then all 3 of them are liable for the costs until things are resolved?

Yes, that's exactly what I'm saying. To avoid this possibility the OP should formally give notice to the landlord IN WRITING (a proper letter, by snail-mail and certainly NOT by email) that they intend to surrender the tenancy on or before the last day of their AST. One person giving formal notice gives notice for all three. In addition, I would request an appointment with the landlord to do the final check-out inspection and discuss arrangements for the return of their deposit.

Under the circumstances, given what the OP has disclosed about the other house-mate, I wouldn't consider doing anything else.

RAS

Yep

Sorry but we have seen this happen too many times on here.

Jowo_2

A joint tenancy can be ended by any tenant - it operates like there is only one tenant there despite the fact that it is made up of a number of individuals. So even if one tenant doesn't consent to the notice being served, that's just tough. Even without their consent, the notice is legitimate.

A tenant who wishes to remain should negotiate a new tenancy agreement with the landlord.

Like other posters, it is my understanding that the tenancy continues, and all the usual obligations, too, if the landlord isn't given vacant possession. Serving notice is not sufficient - the tenants have to give the property back empty for the tenancy to fully end. If any tenant is still in place when there is a jointly signed agreement (single agreement with multiple signatures that gives them joint and several liabiliity), the full rent is due and it is irrelevant who is believed on an individual basis to 'owe' the rent and whether or not some of the individual tenants are not occupying it.

I'm also not sure why the OP thinks they can have their deposit returned while someone is still living in the property! To the OP - if the property is in England/Wales, was the deposit placed in a tenancy deposit scheme. Was it a joint tenancy agreement?

A landlord who faces a situation where a tenant refuses to leave has to take them to court to regain possession. My understanding is that in the meantime, the liability to pay FULL rent continues and ALL the individual tenants continue to be responsible for it. I have read threads that dispute whether joint tenants who have their notice accepted remain liable if they've served notice and one remains, though.