How can DD be taken off a rental agreement?

Skintmama

Some of your good advice please

Late last year DD was renting a property with her boyfriend, when he decided to end the relationship. She was getting very unhappy, so this was no bad thing really. DD came back to live at home straightaway and he said he would put in a month's notice when the rent day was due. My daughter paid her half of the rent for the notice period and was told that their deposits would be returned.

10 months later and the boyfriend is still in the house, with the LL's agreement but this means that DD still does not have her money back.

DD also had to quickly collect all her belongings that he wanted to get rid of and give ex BF her keys, however he still has her furniture to use and kitchen equipment to cook with! This was all okay in the short-term, as we thought everything would be sorted when he gave up the property at the end of the month.

We would like to resolve this nicely if at all possible and would like to know how she can come off the agreement and retrieve her deposit. Her ex, it seems, has not found another property that he wants to rent and has no intention of leaving. They are on speaking terms but although quite a nice chap, he can be a bit awkward and stubborn!

BitterAndTwisted

There is no such thing as "being taken off the agreement". The tenancy has to be formally ended by either party giving the appropriate notice IN WRITING. This assumes that the original fixed-term had ended. Then the remaining party can enter into a new tenancy on their own if they choose.

Skintmama

Thank you for explaining the situation BitterAndTwisted, I apologise for my incorrect understanding and terminology.

Notice was given in writing but the LL and BF seem to have just carried on as before, as he was happy to stay and they couldn't find a new tenant. The fixed-term had indeed ended over a year ago.

Werdnal

Cross posted with OP's reply above!

If the fixed term thei signed is already over, then your daughter must give her notice. She needs to write to the LL - letter, not a text or email, giving 1 month's notice that she wishes to end the tenancy. This must end to co-incide with a rental period - ie, if rent is due on say the 10th of the month, her letter must be received by the LL before the 10th of August, and will take effect from 9th September. This will effectively end the whole tenancy, and the BF's right to remain there aswell. However, if he and the LL are already happy for him to continue living there, then the LL can start a whole new tenancy just in the BF's name.

Regarding the deposit, was it protected in a scheme and did the LL provide your DD/BF with the details of the scheme used? Your DD will have to apply for the deposit from the scheme. As the BF is still in situ, I take it she is only entitled to half of the original amount. The LL would then need to confirm his acceptance of the release of that money, and then approach BF to make up the difference. Mention this in the notice letter, although there may be a battle ahead to get the deposit money back!

Skintmama

Thank you Werdnal, that is very helpful and gives us a way forward from here. I will tell DD to write to the LL herself.

The deposit was protected and the ex BF must still have the details presumably - I believe that their deposits were handled in their separate names, if that makes sense! Maybe she can get the details from the estate agent if ex BF is unco-operative.

Justicia

Skintmama wrote: »

Maybe she can get the details from the estate agent if ex BF is unco-operative.

From reading other posts in this particular forum, I believe that she can just go to the websites of the various deposit schemes and search for the details of it?

Hopefully, another (more knowledgeable than myself) FM can confirm/elaborate?

G_M

Yes. Any tenant can check with each of the 3 schemes to see if their deposit is registered. Here.

For details of ending a tenancy, read here.

Re her belongings. She'll need to speak to her co-tenant and arrange to go and collect.

Note that it is very unclear from your post whether notice was ever actually given by the other tenant, or whether he just assured her he would do it (or had done it) but in fact did nothing.

Skintmama

Apologies for being unclear G_M.

He did give notice in writing and was told that the LL was happy with the condition of the house and would repay the deposit. The LL had prospective tenants come round but no-one took on the property. The co-tenant decided to stay on as he was unable to find anything else suitable, which he said that the LL was happy with.

Thank you for the above links.

G_M

In that case
* the tenancy ended
* the deposit should have been returned
* a new tenancy was created (with the boyfriend)
* boyfriend should have paid a new deposit

Check which scheme has the deposit and claim it back.

Justicia

G_M wrote: »

Yes. Any tenant can check with each of the 3 schemes to see if their deposit is registered. Here.

Thanks for expanding, G_M!

Skintmama

G_M wrote: »

In that case
* the tenancy ended
* the deposit should have been returned
* a new tenancy was created (with the boyfriend)
* boyfriend should have paid a new deposit

Check which scheme has the deposit and claim it back.

Thank you for this information - you and others have been really helpful!

When we have done all this we will update on this thread - will be a small delay due to holidays though.

Thank you so much everyone