Rental Deposit in a Shared House

Carlovski99

Hi,
I was wondering if anyone could give me some advice.

We live in a shared house, there has been quite a lot of change in housemates over the years, none of the original tenants actually remain, we have just swapped in and out individual housemates.
We have been responsible for finding new Housemates, although we have got each one to contact the Landlord and provide a reference, but each time we have just individually returned the departing housemates share of the deposit - usually with the incoming housemate just giving it to the outgoing.
I'm concerned that whoever is left at the end, either if we decide to end the tenancy, or the Landlord ends it for us, will end up carrying the can for any costs/repairs. For me it might be fair enough, I have been in the house longest (Almost 6 years now), and another has been there for a few years but 2 of my housemates have only been there for a couple of Months.
I think the Landlord is holding the deposit directly, the original tenancy predated the deposit protection scheme legislation.
We had an inspection a while back and they made it clear that they weren't happy with some of the upkeep - we are trying to sort it out as we are having another inspection and they have also said they wish to 'Discuss our future tenancies'.


Also - the house is rented on an unfurnished basis, but over the years we have acquired an assortment of furniture and appliancies that we regard as belonging to the house. If the agreement were ended, who would be liable for removing them?

HappyMJ

Do you have a primary tenant? Sounds like it's you. Who calls the landlord if a repair needs doing? I'd take some responsibility and make sure that the place is kept up to standard. The landlord can't charge you for normal wear and tear only damages so if any tenant damages something make sure they fix it.

Also, you have to remove everything on leaving or pay someone to do it for you. If it aint your furniture and no-ones claiming it then just bin it or keep it for yourself. Take it to the dump if you don't want it.

BitterAndTwisted

Was there an inventory when the tenancy started? If not, the landlord is going to have a very hard job proving that any damage was as a result of your tenancy.

If the property is rented as unfurnished you will have to clear it of anything that does not belong to the landlord. If you don't and the landlord does not agree for those things to be left, you will be charged for their removal.

Carlovski99

It's normally my other housemate who deals with the landlord, although I have from time to time.
It's not damages as such I am concerned about, but if we need to get the carpets cleaned etc. As I said, i would be somewhat expecting some deductions, but would be unfair for someone who has been in the house for 3 months to pay the same (Equally unfair if I have to cover for them!)

Carlovski99

BitterAndTwisted wrote: »

Was there an inventory when the tenancy started? If not, the landlord is going to have a very hard job proving that any damage was as a result of your tenancy.

If the property is rented as unfurnished you will have to clear it of anything that does not belong to the landlord. If you don't and the landlord does not agree for those things to be left, you will be charged for their removal.

I don't think there was, the original tenants took it as a brand new build. It's unfurnished so no furniture would need to be in the inventory, anything else I guess they would have taken as the spec from the builder.
Makes it a bit awkward I guess, the general idea is that you should return the property as you recieved it, but can you really expect it to be as brand new, after 7 years of house sharing?

BitterAndTwisted

An inventory would mention the state of the property and all its fittings, rather than just be a long list of the contents.

If the property was a new-build when the tenancy started you need to ensure that there is no dirt or damage when you hand it back over. That will include cleaning the carpeting.

may_fair

Carlovski99 wrote: »

Hi,
I was wondering if anyone could give me some advice.

We live in a shared house, there has been quite a lot of change in housemates over the years, none of the original tenants actually remain, we have just swapped in and out individual housemates.

Is the property in England/Wales?
Do you have a written tenancy contract?
If so, how have tenant changeovers been dealt with? e.g. new contract or position on the contract assigned etc?

each time we have just individually returned the departing housemates share of the deposit - usually with the incoming housemate just giving it to the outgoing.

If a deposit is paid by T1 to LL, then LL is liable to return it to T1.

If T2 'refunds' the deposit to outgoing T1, then unless there is proof of this, on paper the deposit is still owing to T1 not to T2; T2 has not paid a deposit to the LL.

Also - the house is rented on an unfurnished basis, but over the years we have acquired an assortment of furniture and appliancies that we regard as belonging to the house. If the agreement were ended, who would be liable for removing them?

T must remove anything that doesn't belong to the LL at end of tenancy.

Carlovski99

may_fair wrote: »

Is the property in England/Wales?
Do you have a written tenancy contract?
If so, how have tenant changeovers been dealt with? e.g. new contract or position on the contract assigned etc?

If a deposit is paid by T1 to LL, then LL is liable to return it to T1.

If T2 'refunds' the deposit to outgoing T1, then unless there is proof of this, on paper the deposit is still owing to T1 not to T2; T2 has not paid a deposit to the LL.

T must remove anything that doesn't belong to the LL at end of tenancy.

Property is in England.
There was a written contract at one point, and I did sign one a long time ago, but none of the subsequent housemates have.
None of the original housemates who paid the deposit directly to the landlord are still at the property either.
Both parties have been quite relaxed about the whole thing up until now, they haven't put up the rent in the lifetime of the tenancy, and they have been happy for people to move in and out. Equally we have been quite laid back about some issues with plumbing, the washing machine and other bits of repair that we could have been a lot more upset about. In hindsite, maybe we should have insisted on it being a bit more formal!

may_fair

Carlovski99 wrote: »

Property is in England.
There was a written contract at one point, and I did sign one a long time ago, but none of the subsequent housemates have.
None of the original housemates who paid the deposit directly to the landlord are still at the property either.
Both parties have been quite relaxed about the whole thing up until now, they haven't put up the rent in the lifetime of the tenancy, and they have been happy for people to move in and out. Equally we have been quite laid back about some issues with plumbing, the washing machine and other bits of repair that we could have been a lot more upset about.

Then it's really unlikely that the LL could succeed, in these circumstances, in a claim for damage against you; he'd have to establish that X damage was caused during X tenancy, with inventory evidence to back it up.

With such a casual arrangement, with no clear lines between anything at all, he's got little chance of doing that. Even if LL tried to make you alone liable for the last six years, wear and tear would be considerable in that time, and you're not liable for fair wear and tear (i.e. if the carpet is stained beyond cleaning, LL can't claim the full cost of replacement, he could only claim based on how long you'd expect the carpet to last on average. If the carpet would have to replaced anyway after six years, then LL's 'loss' is zero).

I really wouldn't worry about it, as the onus is on the LL to prove his case, not for you to disprove it...

However, those of you who didn't pay your deposit to the LL may not get it back, as you'd have to prove you paid it to LL in the first place, or prove that it was paid to an outgoing T instead of paying it to LL.

In hindsite, maybe we should have insisted on it being a bit more formal!

Yes, it's a good idea to have things done officially in writing! That includes 'promises' from LLs, and tenancy agreement assignments, and paying deposits.....

As the bumper sticker says, Jesus loves you, but get it in writing.