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Deposit
LUSK
Posts: 67 Forumite
Hoping somebody can give some advice here.
I rented out a property through a letting agency back in May 2013. This was a managed arrangement. The property was let to a couple and both their names appeared on the tenancy.
The tenancy was for six month but unfortunately, their relationship broke down and one of them moved out of the property whilst the other stayed put.
At the end of the six month period, the one which moved out and who provided the money for the deposit requested this deposit money back. The managing company told me they were going to send the money back and I told them that I was not happy because damage had occurred. Anyway, the management company ignored my wishes and sent the money back.
One half of the couple is still in my property and the tenancy is now on a rolling monthly. It was only by chance I was speaking to somebody the other day and they reckon that the initial letting company have broken the law on the following grounds:
1. I did not sign and was not given any opportunity to sign and paperwork which authorised the release of this deposit.
2. The management company had no right to return the money because the one person who remains in the property was on the original tenancy agreement.
Any thoughts or comments here would be gratefully received.
I rented out a property through a letting agency back in May 2013. This was a managed arrangement. The property was let to a couple and both their names appeared on the tenancy.
The tenancy was for six month but unfortunately, their relationship broke down and one of them moved out of the property whilst the other stayed put.
At the end of the six month period, the one which moved out and who provided the money for the deposit requested this deposit money back. The managing company told me they were going to send the money back and I told them that I was not happy because damage had occurred. Anyway, the management company ignored my wishes and sent the money back.
One half of the couple is still in my property and the tenancy is now on a rolling monthly. It was only by chance I was speaking to somebody the other day and they reckon that the initial letting company have broken the law on the following grounds:
1. I did not sign and was not given any opportunity to sign and paperwork which authorised the release of this deposit.
2. The management company had no right to return the money because the one person who remains in the property was on the original tenancy agreement.
Any thoughts or comments here would be gratefully received.
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Comments
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Was the deposit protected?
Did the leaving party give proper notice? Was it accepted officially, or did they just move out?Changing the world, one sarcastic comment at a time.0 -
Did the LA agree to end the joint tenancy and set up a new tenancy in just the remaining tenant's name on your behalf and did they take a new deposit? New inventory?0
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Was the deposit protected?
Did the leaving party give proper notice? Was it accepted officially, or did they just move out?
I've just found some paperwork and the deposit was held with a company called mydeposits.co.uk
I have also checked the tenancy agreement and note that it is in the names of the couple who split.
As far as I am aware, it was a case of there being a bust up between the couple with one party leaving and the other party staying. The party who stayed continued to make the regular 3 or so remaining monthly payments directly to the agency and then after the six month tenancy ended, the agency bowed out and the payments came directly to me and then the tenancy went into a rolling one.0 -
Did the LA agree to end the joint tenancy and set up a new tenancy in just the remaining tenant's name on your behalf and did they take a new deposit? New inventory?
I'll be honest in that I've not paid enough attention and been too trusting.
I've no new paperwork from the letting agency but I do have an email to the tenant from the LA which I'm CC'd into that states the tenancy is now one of a periodic type.
There was no deposit taken because the LA told me that the tenant did not have the funds to pay for a deposit. Neither was there a new inventory done. I presumed this was the case because the tenancy rolled from fixed term to rolling month by month,0 -
It sounds like the original joint, fixed term tenancy became a joint statutory periodic tenancy. This means that both joint tenants are still jointly MD severally liable for the rent. Good news for you if the remaining tenants ever falls into arrears as you have 2 people you can legally chase for payment.
As for the damage, whether there's a deposit or not, the tenant is still responsible for paying for any damages over and above fair wear & tear so you could still sue the joint tenants through thf small claims court for damages. You need to be able to prove they caused the damage using an inventory would be the obvious way to do this and it sounds like there was an inventory taken.
The LA have ballsed up and you took your eye off the ball (which you already acknowledge).0 -
Just to add if the LA breached your contract and you suffered a loss as a result you could take them to court.0
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It sounds like the original joint, fixed term tenancy became a joint statutory periodic tenancy. This means that both joint tenants are still jointly MD severally liable for the rent. Good news for you if the remaining tenants ever falls into arrears as you have 2 people you can legally chase for payment.
As for the damage, whether there's a deposit or not, the tenant is still responsible for paying for any damages over and above fair wear & tear so you could still sue the joint tenants through thf small claims court for damages. You need to be able to prove they caused the damage using an inventory would be the obvious way to do this and it sounds like there was an inventory taken.
The LA have ballsed up and you took your eye off the ball (which you already acknowledge).
Thanks for your response.
As it happens, from the time the tenancy rolled into a monthly periodic one, I've not received proper payment and the amount due has now reached many, many thousands of pounds - this does not take into account damages. Section 21 has been issued. I suspect that the current inhabitant is just about broke but the one who moved out may be solvent.
So would you suggest that I take the LA and both people mentioned on the tenancy agreement to court?0 -
Thanks for your response.
As it happens, from the time the tenancy rolled into a monthly periodic one, I've not received proper payment and the amount due has now reached many, many thousands of pounds - this does not take into account damages. Section 21 has been issued. I suspect that the current inhabitant is just about broke but the one who moved out may be solvent.
So would you suggest that I take the LA and both people mentioned on the tenancy agreement to court?
How did it get to thousands? You need to explain this a bit better.
What's owed, for what period, etc.
You can't claim for damages until tenancy ends.0 -
How did it get to thousands? You need to explain this a bit better.
What's owed, for what period, etc.
You can't claim for damages until tenancy ends.
It has escalated into thousands because of me being fed empty promises coupled with me feeling sorry for that person.
The arrears go back to the time when it changed into a rolling agreement.0 -
You misunderstand.
Eg. The tenant has not paid rent in 4 months, rent is £600 a month, so owed £2400.0
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