Letting agent hasn't released my deposit and emailed me this. Is it legal?

HAwan

"I will release the deposit once I have received an email from both of you agreeing the amount to be returned and also an email from [ex housemate] saying that he is happy to take the property from [me] and with that take on all responsibility of any damaged that may have caused."

The second part about my ex housemate agreeing to take on responsibility for any damaged caused (there is no damage) is what makes me question whether the agent is allowed to request this before releasing my deposit.

stator

Claim the whole thing back via the deposit protection scheme. Ignore their pre-conditions

G_M

Has the tenancy ended? Properly?

Sounds a bit like the 'housemate' (joint tenant?) is still in occupation.....

What kind of tenancy was it and how was it ended?

Now read:

* Deposits (payment, protection and return)

But as for the Q,

1) if the tenancy has ended, then either
a) there is damage, and deductions can be made from the deposit or
b) there is no damage and the deposit should be returned

2) if the tenancy hasn't ended, then the deposit should not be returned at all.

HAwan

Fixed term tenancy ended on 9 April. The housemate/joint tenant still rents the property.

I will email and ask again for it to be returned.

ryouga

Its a common sort of excuse, 5 years ago I had to fight to get my deposit back as LL demanded I show him utility bills to prove I paid them and yet I found out deposit wasnt protected.

HAwan

G_M wrote: »

Has the tenancy ended? Properly?

Sounds a bit like the 'housemate' (joint tenant?) is still in occupation.....

What kind of tenancy was it and how was it ended?

Now read:
Deposits

But as for the Q,

1) if the tenancy has ended, then either
a) there is damage, and deductions can be made from the deposit or
b) there is no damage and the deposit should be returned

2) [/COLOR][/COLOR]if the tenancy hasn't ended, then the deposit should not be returned at all.

I just got this email

"[ex housemate] is the lead tenant on DPS (deposit protection scheme?) and is taking over the house so I need her authorization to proceed."

That can't be legal?!

fairy_lights

Just go on the DPS website and request the deposit back yourself.

pmlindyloo

fairy_lights wrote: »

Just go on the DPS website and request the deposit back yourself.

I don't think this will work as the deposit is not in the OP's name. It is the ex housemate's name as lead tenant.

What the landlord should be doing is releasing the deposit and the lead tenant and OP should be sorting out who owes what and then the LL starts a new tenancy agreement with ex housemate and takes a new deposit.

Often LL's cannot be bothered to do this (and may cause extra fees for the remaining tenant's new tenancy agreement.)

See here:

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/joint_tenancies

and ring Shelter for further advice.

Pixie5740

HAwan wrote: »

Fixed term tenancy ended on 9 April. The housemate/joint tenant still rents the property.

I will email and ask again for it to be returned.

When the fixed term ends a periodic tenancy starts if the tenant(s) remain in the property. You leaving does not end the tenancy if another tenant remains in the property. Have you served any kind of notice to end the joint tenancy? Has the remaining tenant signed a new tenancy agreement without your name on it?

HAwan wrote: »

I just got this email

"[ex housemate] is the lead tenant on DPS (deposit protection scheme?) and is taking over the house so I need her authorization to proceed."

That can't be legal?!

Yes, it's perfectly legal. Deposits are usually held under the lead tenant's name. The lead tenant will have received the prescribed information for the deposit.

The deposit can be released when the tenancy ends, see my questions above about determining whether there is still a tenancy in place.

martinsurrey

a lot of advice here based on very sketchy info from the OP.

We need the full timeline on who signed what when, who moved out when, who replaced them, and what is heppening now.

For example
"Me and X Y Z signed a joint tenancy on XX Jan 20XX, the tenancy detailed Y to be the lead tenant"

"Y moved out on XX Oct 20XX and was not replaced"

"I am moving out on XX Jan 20XY, X and Z are remaining in the property"

without full detials, almost all info is guess work.

Guest101

The Ex-House mate should just give the OP his / her share and be done with it.

However the OP would still be a legal tenant if that happened.

So practical short term / risky long term