One person leaving Joint Tenancy Deposit

manc

Need some advice.

I have ended my tenancy at my rented flat - with my old flatmate staying on. Bridgfords have said the only way I can get my deposit back is if both of us had moved out and ended the tenancydeposit scheme.

They've said that it's now between me and my old flatmate to sort out - with the new occupant (who I do not know) paying me the money directly. But he is now ignoring my calls and texts.

Surely that's not the right way to go about things?? Really worried here.

pmlindyloo

manc wrote: »

Need some advice.

I have ended my tenancy at my rented flat - with my old flatmate staying on. Bridgfords have said the only way I can get my deposit back is if both of us had moved out and ended the tenancydeposit scheme.

They've said that it's now between me and my old flatmate to sort out - with the new occupant (who I do not know) paying me the money directly. But he is now ignoring my calls and texts.

Surely that's not the right way to go about things?? Really worried here.

Shelter has some advice on this.

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

Unfortunately many LAs/LLs suggest you get the deposit from the new tenant. This may be to their detriment as if the LL does not do an inventory then any damages caused by you can be deducted from the original deposit.

They should create a new tenancy returning the deposit (were you the lead tenant?) and deducting any damage you have cause and then taking a new deposit from the new tenant and your old joint tenant.

Laziness really. Up to you what to do.

HouseBuyer77

How did you end the tenancy?

A joint tenancy (outside of the fixed term) can be brought to an end by any tenant giving notice. This terminates the entire agreement and should result in the deposit being paid back to both. At the same time your previous flatmate should have signed a new agreement with the new tenant which would require a fresh deposit.

It may be it's possible to optimise this by the new occupant paying you directly without having to move money through the deposit scheme but it does sound a bit dodgy. The LL/Agent certainly couldn't insist upon this.

On the other hand if the tenancy was ended in an informal fashion (you phone LL/Agent saying you're moving out, they say OK) it's a bit tricker. Have your old flatmate and the new guy signed a new agreement? You can say that's proof your notice had been taken even if you don't have proof of the notice itself.

Guest101

It's important for both parties to follow the correct procedure.

Did you serve correct notice. If so, then the tenancy is fnished and you can reclaim the deposit from the scheme (ignore the agent)

However did your old flatmate sign a new agreement, or are you still named on it. In which case, you are still liable for the rent. (and technically double rent) uh-oh. - good news though, you can move straight back in as your still a tenant. Oh they have since then re-let the room, thereby illegally evicting you?! Uh oh for them....

Really we need to know:

1: did you serve notice
2: is the deposit protected
3: did the acknowledge your notice
4: is there a new signed tenanyc agreement.

manc

HouseBuyer77 wrote: »

How did you end the tenancy?

I called the lettings agency with my intention to leave, then followed that up with a confirmation email.
I gave notice on March 28th. My rent date was 21st - but they said it needed to be a full rent month. Bringing it to an end on May 21st.


I had a place lined up - so me and my flatmate agreed i would just stay until April 28th - and he was happy to cover the rest of the period. (Bad move I understand now)

I've just spoken with the agency again and they said the new tenant is lined up - but is yet to sign. My old flatmate is £170 in arrears from that period after I left - which is causing the hold up. I know he gets paid on the 28th - so hoping that when this will be sorted. Once he signs, my part of the tenancy will end.

Why the hell he couldn't answer the phone and tell me this himself I don't know - but is actually completely expected from him. I will be hunting him down at his work tomorrow if he fails to answer.

manc

1. Yes - by call and email
2. It's still in the deposit scheme under both our names
3. i can't remember a specific acknowledgement of the end of my tenancy but they have been talking back and forward with my old flatmate and the new tenant. Which is an acknowledgement of sorts...
4. Nothing signed yet...

Guest101

manc wrote: »

1. Yes - by call and email
2. It's still in the deposit scheme under both our names
3. i can't remember a specific acknowledgement of the end of my tenancy but they have been talking back and forward with my old flatmate and the new tenant. Which is an acknowledgement of sorts...
4. Nothing signed yet...

So you were still a tenant and jointly liable for the rent until may 21st. The tenancy however is finished and your flatmate should've moved out (or signed a new agreement himself) - however an implied tenancy probably exists now, with the back and forth. So just reclaim the deposit via DPS

HouseBuyer77

Not that it helps you now but serving notice via email is not the best idea. Ideally do it via first class post and get proof of postage from the post office (remembering to make a copy of the letter).

Still lets say your notice is correctly served you're liable for rent and the other responsibilities of the contract up til May 21st, this does mean you could get chased for the arrears!

However beyond that your tenancy is ended and they must return your deposit (though they would be within their rights to deduct the arrears from it).

I'd say the best idea for now is to do what you're doing and chase old flatmate to sort out arrears. That done tell the agency your tenancy is ended and you expect the return of your deposit. If they refuse this take it up with the deposit scheme.

Though there is the risk the agent will turn around and claim your tenancy never ended as you didn't have a properly served notice....