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Deposit query.

Currently i live with a house mate. it hasnt worked out and we both plan to move out. HM is bone idle and has said he is moving out but hasnt put the wheels in motion to move out. The LA "need to know by tommorrow his intentions"or else "he will be put on another 6 month rolling contract" meaning he will be tied in for 6 months.

If i were to leave and he were to stay (not that i care either way anymore as i've had to wipe his bum for him since day one) would i get my deposit back? we both put seperate FULL deposits of 1.5months rent, the same as a single occupant/family would have had to stump up.

various sources seem to think i wont be able to get it back until he vacates because the deposits held on the house, which sounds correct to me.

Quick responses would be greatful on this matter as he has to get it in tomorrow to let them know what he is doing.
8k/13k for 2013!

Comments

  • steve1980
    steve1980 Posts: 2,334 Forumite
    Ask the agent! What is stipulated in the contract?

    I'd also question the 6 month rolling contract bit aswell, it's normally monthly.
    Estate Agent, Web Designer & All Round Geek!
  • jamie11
    jamie11 Posts: 4,436 Forumite
    You will have to give a bit more information for a definitive answer.

    Are you saying you are joint tenants?

    Also is the 2 x 1.5 months deposit held as a single deposit or is it in 2 separate accounts. any more than a 2 month deposit is classed as a premium and that's not allowed.

    The LA's idea of a '6 month's rolling contract' is not something he can impose on you, if your normal monthly agreement runs out then statute takes over and means you move to a Statutory Periodic Tenancy which will only run from month to month. (there are some situations where a new six month tenancy is created but I don't think that applies to you.)

    You should be aware that you can leave your tenancy on or before the last day of your agreement without giving further notice, although it would be polite to do so of course, you would both have to vacate and hand back the keys of course otherwise you remain tenants until you do. Only if you stay on after the agreement dates does the SPT kick in, then you have to give a months notice which must include a full 'tenancy period'

    Is your deposit protected and have you had the prescribed information given to you?
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