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

HAwan

Okay, lots of different advice. In response to Martin:

2 bed flat. Me and X signed the contract in October 2014. The tenancy detailed X as the lead tenant. I moved out last week and was immediately replaced by X's brother. X and her brother now live together.

I served notice about 3 weeks before I left, which was accepted by the letting agent. My understanding is that X and her brother have now signed a new tenancy for the property.

My tenancy for the property has ended. My question about the legality was based on the situation arising that if X does not agree that my deposit should be released, I am left with no choice but to go to court to get my deposit?

laidbackgjr

I would think the simplest way would be for you to get the brother to pay you your share of the deposit as his share is now effectively in the deposit scheme.

HAwan

What you pay someone you barely know nearly 6 weeks rent?

somethingcorporate

Yes, because that money is sat in the deposit held in the lead tenants name (the person transfering you the money's brother).

Where do you think the issue lies?

Pixie5740

HAwan wrote: »

I served notice about 3 weeks before I left, which was accepted by the letting agent. My understanding is that X and her brother have now signed a new tenancy for the property.

Accepted how? 3 weeks isn't usually sufficient notice to end a tenancy. You need to make sure that there is a new tenancy for X and the brother otherwise if the tenancy still has X and you on it then you will still have joint and several liability for the whole rent.

HAwan wrote: »

My tenancy for the property has ended. My question about the legality was based on the situation arising that if X does not agree that my deposit should be released, I am left with no choice but to go to court to get my deposit?

There is no "your tenancy" there was one joint tenancy that has hopefully ended with a new joint tenancy in place. What should happen is that the LL carries out an inspection at the end of the tenancy, noting any deductions for damage and the deposit returned (most likely to the lead tenant). Then a new tenancy with a new inventory and a new deposit started for the new joint tenancy for X and the brother.

If X owes you money then ask her for your share of the deposit. If she doesn't return your money then it's letter before action and small claims court if necessary.

HAwan

Pixie5740 wrote: »

Accepted how? 3 weeks isn't usually sufficient notice to end a tenancy. You need to make sure that there is a new tenancy for X and the brother otherwise if the tenancy still has X and you on it then you will still have joint and several liability for the whole rent.

There is no "your tenancy" there was one joint tenancy that has hopefully ended with a new joint tenancy in place. What should happen is that the LL carries out an inspection at the end of the tenancy, noting any deductions for damage and the deposit returned (most likely to the lead tenant). Then a new tenancy with a new inventory and a new deposit started for the new joint tenancy for X and the brother.

If X owes you money then ask her for your share of the deposit. If she doesn't return your money then it's letter before action and small claims court if necessary.

Accepted as in the agents email said "I do accept your notice to move out [address]". Sorry, I forgot to mention, the contract was only from October-April. So it finished at the time it was originally agreed. .

So if the LL should carry out an inspection of the property and return my share of the deposit (either to me or X) why is the LL asking for authorisation to proceed with the return?

anselld

HAwan wrote: »

So if the LL should carry out an inspection of the property and return my share of the deposit (either to me or X) why is the LL asking for authorisation to proceed with the return?

Because in a joint tenancy the deposit is held as a single deposit and the lead tenant is the person nominated to deal with the deposit on behalf of all tenants. There is nothing the LL can do unless authorised and agreed with the lead tenant.

Pixie5740

HAwan wrote: »

Accepted as in the agents email said "I do accept your notice to move out [address]". Sorry, I forgot to mention, the contract was only from October-April. So it finished at the time it was originally agreed. .

No it didn't end. The joint tenancy did not end because one of the joint tenants remained in the property. Tenancies do not automatically end at the end of the fixed term when one or more tenants remain in the property.

You need to find out what exactly has happened.

HAwan wrote: »

So if the LL should carry out an inspection of the property and return my share of the deposit (either to me or X) why is the LL asking for authorisation to proceed with the return?

If it can be agreed that the joint tenancy between you and X has ended then the deposit would be returned to the lead tenant. It sounds like the lead tenant is X so both X and the LL need to agree to the deposit being returned.

HAwan

Pixie5740 wrote: »

No it didn't end. The joint tenancy did not end because one of the joint tenants remained in the property. Tenancies do not automatically end at the end of the fixed term when one or more tenants remain in the property.

What I'm reading is:

Contracts do not automatically end at the end of the contract...

If all parties agreed to end the fixed term agreement on 9 April (which was the end of the fixed term), then surely it ended on the agreed date?

Either I'm confused or the law is broken. I suspect it's the former.

Pixie5740

HAwan wrote: »

What I'm reading is:

Contracts do not automatically end at the end of the contract...

If all parties agreed to end the fixed term agreement on 9 April (which was the end of the fixed term), then surely it ended on the agreed date?

Either I'm confused or the law is broken. I suspect it's the former.

Yes you are confused. I already explained in Post 9 that when a fixed term tenancy ends, and the tenant(s) remain in the property, the tenancy becomes periodic.

How did all parties agree? Did the new joint tenancy between X and her brother start the day after the fixed term ended? Is there a tenancy agreement showing this?

See Ending an AST.