Deposit Issue

jadekelly90

Hi there,

I moved out of my old flat in December, but the friend that I shared the place with wanted to stay, so we found someone to take my room. I handed in my notice but the LA said this was irrelevant and issued us with some "tenancy swap" forms which we all signed and returned.

The LAs told me they would send a cheque for my deposit just before Christmas, but then they told me that there was a delay because even though the new guy had paid his deposit, neither of them had signed the new tenancy agreement which began on December 22nd. They told me they would send it out as soon as it was signed (it was an online signature agreement too so it's not like they need to arrange going to an office or anything like that).

I contacted them last week to chase and they said it had still not been signed, and that if it wasn't signed by today then they would have to serve a notice to vacate the property, and because my name is still on the tenancy then my name would be on the notice. They said that if they do serve the notice they can retract it as soon as the agreement is signed. They have just contacted me to let me know the agreement still hasn't been signed, so they will be serving notice this afternoon. I have tried contacting my friend a few times now and had no response.

I am worried that the notice could effect my credit rating, and I am worried that I could potentially lose my deposit. I asked the LAs about how this would effect my deposit, and they said that even though he's paid his share, because he hasn't signed anything yet he could technically ask for it back and they would have to return it. I would greatly appreciate some advice on where I stand in this situation.

Pixie5740

Are you in Scotland, Northern Ireland, England or Wales? The advice given depends on the location of the property as there are different rules for ending a joint tenancy depending on where you are.

jadekelly90

Ah sorry, I am in England.

Guest101

Assuming England:

They accepted deposit (and presumebly 1st months rent) the new tenant has a tenancy already...

So you cant have one anymore, unless they wish to be faced with illegal eviction. Since if you are a tenant, you have an immediate right to the property, which they have rented to someone else... Oops.

They cant serve notice on the new tenant for the first 6 months (or specifically they cant enforce the notice)

Pixie5740

Did you have a fixed term or periodic joint tenancy?


In England it just takes one of the joint tenants to end the tenancy. The deposit should then be returned to the lead tenant. I think the LA is making this unnecessarily complicated.

G_M

I am assuming (but please confirm):

* this is Englan/Wales
* you and friend have a 'joint and several' tenancy (not seperate tenancies each)
* the fixed term (if any) has ended and the tenancy was periodic (monthly)

jadekelly90 wrote: »

Hi there,

I moved out of my old flat in December, but the friend that I shared the place with wanted to stay, so we found someone to take my room. I handed in my notice
* On what date?
* giving how much notice?
* what dates of each month do your tenancy periods run from/to?
but the LA said this was irrelevant and issued us with some "tenancy swap" forms which we all signed and returned.
a) one tenant in a joint tenancy can end the tenancy (for both). But if one of the tenants fails to move out he could be charged double rent
b) if your notice was insufficient it may not be valid

The LAs told me they would send a cheque for my deposit just before Christmas, but then they told me that there was a delay because even though the new guy had paid his deposit, neither of them had signed the new tenancy agreement which began on December 22nd.
the implication of this is that they have agreed to accept your notice, thus
* the old tenancy would end on the agreed date (date 22)
* a new one would be created
* you are not involved in the new tenancy creation, so the failure by the new tenants to sign is not your problem - and the deposit for the old tenancy should be returned

They told me they would send it out as soon as it was signed (it was an online signature agreement too so it's not like they need to arrange going to an office or anything like that).
see above - not your problem

I contacted them last week to chase and they said it had still not been signed, and that if it wasn't signed by today then they would have to serve a notice to vacate the property, and because my name is still on the tenancy then my name would be on the notice.
This seems to be rubbish:
* you served notice to end the tenany (presumably to end on 22 Dec? See Qs above)
* they accepted your notice
* therefore the tenany ended
They said that if they do serve the notice they can retract it as soon as the agreement is signed. They have just contacted me to let me know the agreement still hasn't been signed, so they will be serving notice this afternoon. I have tried contacting my friend a few times now and had no response.

I am worried that the notice could effect my credit rating,
No. Only if
a) a court rules you owe money and tells you to pay and
b) you then still don't pay
and I am worried that I could potentially lose my deposit.
Write to the landlord outlining the above and demand your deposit.
I asked the LAs about how this would effect my deposit, and they said that even though he's paid his share, because he hasn't signed anything yet he could technically ask for it back and they would have to return it. I would greatly appreciate some advice on where I stand in this situation.

Is your deposit registered in a scheme?
Which scheme?
Have you checked?

---

Dear Mr Landord,

Re: tenancy at (address)

Kindly note that I am still awaiting the return of my deposit.

On xx November 2014 I wrote to your agents giving notice to end the tenancy on 22 Dec 2014.

On xx/xx/2014, your agents accepted my notice and agreed to end the tenancy on 22 Dec.

I understand that the prospective new tenants have failed to sign a new tenancy agreement, but this, of course, is a matter between yourself and them. It is in no way my concern. Incidentally, I would note that since the new tenants are living in the property, and paying rent, a new tenancy exists, albeit a verbal not written one.

Having moved out as agreed on 22 December when the tenancy ended, my deposit shpuld now be returned without delay.

Should I not receive the deposit within 5 working days, I shall make a single route claim from the xxxx deposit scheme.

Yours sincerely

A tenant

(sent to the landlord with a copy to the agent. Send by letter.)