HELP AST renewal/joint tenant/ deposit URGENT

princeofpounds

Just to add, one reason that the LA might have told you that the deposit is in your name is that some (maybe all, can't remember) of the schemes list a 'lead tenant' which is the only person they deal with and who they return the deposit to. So check with the scheme to find out.

If you are the lead tenant, this will put you in a position to decide what to do with the money when returned. Of course, if you don't split it fairly your ex can always sue you for his half and you would lose, so play it straight.

BitterAndTwisted

Two things: the way the deposit-protection schemes work is that one person in a joint-tenancy is named as the "lead tenant" who is responsible for returning the other joint tenant/s share at the end of the tenancy.

What the agent is suggesting is drawing up a new joint-tenancy agreement with you and another person, keeping you as the lead tenant, hence no new deposit with the scheme. It's perfectly reasonable for them to make a charge for their admin costs for referencing the new joint-tenant etcetera. Under the circs the price they have quoted you is not unreasonable.

You have a decision to make: either let them know that you will not be remaining in the property and make arrangements with them to book the check-out inspection and return the keys or find another person to enter into a new joint-tenancy with you.

Nothing you have said that they have done so far appears to be unfair or unreasonable.

franklee

x__Indigo_x wrote: »

i want the new tenant to have to pay a deposit and be named on the TDS so that if new tenant did trash the place she would lose her deposit too. as otherwise the deposit has all come from my pocket.

Bear in mind this goes far beyond the deposit. If you have a joint tenancy with the new person then you are liable for any rent shortfalls regardless if it's her share and you are liable for damage regardless of who did it and which could be more than the deposit. Likewise she is liable if you default. Basically the landlord can come after either of you regardless of whose fault it was and then you would have to settle up between yourselves if you can. Not to be taken on lightly with a stranger.

An alternative would be you each have separate tenancies, you rent a bedroom each and share the communal areas.

Or you could be the sole tenant and take in a lodger. Then you would be solely responsible for the tenancy but it would be easy to dispose of a bad lodger.

Of course the landlord may not be happy with some of the options.

You could move somewhere cheaper?

BitterAndTwisted

The issue with the deposit is that you take a deposit from the incoming joint-tenant and pass it straight to your ex. Initial deposit remains where it is under your name as lead-tenant in the scheme. This isn't an unreasonable or difficult process as long as there are no disputes between you and the ex about deduction from the deposit for damage.

Find a suitable joint-tenant or tell them you're moving out and find somewhere else.

jjlandlord

BitterAndTwisted wrote: »

What the agent is suggesting is drawing up a new joint-tenancy agreement with you and another person, keeping you as the lead tenant, hence no new deposit with the scheme.

It would be a brand new tenancy with a new tenant. The fact that the "leas tenant" would be the same would be irrelevant: deposit for new tenancy would have to be specifically protected.

x__Indigo_x

Hi all

there is no issue at all with me returning half of the deposit to my ex , we are both on good terms and i would of course give it back in addition my x does not want to remain on the contract as it will be a brand new contract starting 19th may 2012

what i meant was say the NEW TENANT refuses to pay any deposit. The letting agency have basically said i would have to get half the deposit money from her ( which i would give to ex) everything else would stay the same. If i was her and i was told id have no inventory etc i would just slip into the previous tenants place i would be miffed/ confused/unsure about my deposit rights- would she even be protected by the TDS?. Or am i missing something here?


as for the ins and outs of joint tenancys , being jointly liable etc i am aware of most of this through my job. thanks tho

i have written proof that the agency says i can advertise and get a new tenant whom they will credit check/get references etc. ( and charge the new tenant £130 for this )

BRAND NEW contracts will then be drawn up in me and new tenants name starting from day after my current contract ends.

G_M

x__Indigo_x wrote: »

...
what i meant was say the NEW TENANT refuses to pay any deposit. The letting agency have basically said i would have to get half the deposit money from her ( which i would give to ex) everything else would stay the same. If i was her .... i would be miffed/ confused/unsure about my deposit rights- would she even be protected by the TDS?.

BRAND NEW contracts will then be drawn up in me and new tenants name starting from day after my current contract ends.

The problem is that the new tenant is paying the deposit to you, not the LL. Therefore the LL has no liability to the new tenant, and no responsibility to place it in a scheme. The new tenant is dependant on you to return it.

Good to hear the LL intends to create a new tenancy with new joint names. But as already pointed out, the existing tenancy, critically with your ex's name and liability, must be ended. I suggest an 'Early Surrender' agreement signed by LL, you, and your ex.

x__Indigo_x

G_M wrote: »

The problem is that the new tenant is paying the deposit to you, not the LL. Therefore the LL has no liability to the new tenant, and no responsibility to place it in a scheme. The new tenant is dependant on you to return it.

Good to hear the LL intends to create a new tenancy with new joint names. But as already pointed out, the existing tenancy, critically with your ex's name and liability, must be ended. I suggest an 'Early Surrender' agreement signed by LL, you, and your ex.

thanks for responding
sorry i obviously havent made myself clear, the tenancy is due to end on 18th may anyway and ex is happy to pay rent untill then so no need to 'surrender' etc as he has told them he doesnt wish to renew so it is either 1 i move out too or 2 i rent the whole flat on my own 3 i rent with a new tenant