(Now ex-)DP has left with zero notice - advice on rent, notice and deposits please

ThatWentTitsUpThenDidntIt

The nitty gritty
Tenancy is in England
Fixed term expired, and it's now a periodic tenancy
Rent (£1300pcm) is paid on the 15th month - so if I give notice now it won't expire until 14th September. I have some savings, but I can't afford to pay the whole rent myself on an ongoing basis. It's a modest London flat, hence the high costs.
Joint tenancy between DP and me
£1500 deposit; I don't anticipate any deductions from it as there's only fair wear and tear, but we have been here 18 months. Deposit is protected with mydeposits. I'm struggling to find the paperwork for it, but I suspect the deposit was also listed in both names at once.

Now ex-DP (never married) has walked out with zero notice after 3 years and took everything he owns (and some things I own) with him.

What should I do?
I'd like/need to move out sooner rather than later - partly for emotional reasons, partly for financial ones. I've asked the LL if he could be flexible about move out dates, and he's essentially said I have to pay the final month's (August) rent.

Anyway, if I was to move out and not pay August rent, then he'd take the £1300 out of the deposit but I'd also have to pay rent elsewhere and I wouldn't get a glowing reference. Would there be any other consequences?

Alternatively, if I did stay until 14th September, there's the issue of who the deposit gets returned to. Given that the ex has essentially !!!!ed off without giving notice or paying his share of the rent, can I legitimately ask that all the deposit is returned to me to cover the full August rent (inc. his share) that I've just had to pay out? Or will it have to be returned split equally / with his agreement on the split?

Help much appreciated!

ThatWentTitsUpThenDidntIt

*Bump*

Can anyone help? I really don't know if it's better to leave asap or not, and I can't find any info on whether the deposit could be returned to me in full as I've been left to sort out his financial responsibilities.

G_M

ThatWentTitsUpThenDidntIt wrote: »

The nitty gritty
Tenancy is in England
Fixed term expired, and it's now a periodic tenancy
SPT or CPT (see link below)

Rent (£1300pcm) is paid on the 15th month
irrelevant - what date did the fixed term end?

- so if I give notice now it won't expire until 14th September.
OK for now let's assume the tenancy periods are the same as the rent periods

I have some savings, but I can't afford to pay the whole rent myself on an ongoing basis. It's a modest London flat, hence the high costs.
Joint tenancy between DP and me
£1500 deposit; I don't anticipate any deductions from it as there's only fair wear and tear, but we have been here 18 months. Deposit is protected with mydeposits. I'm struggling to find the paperwork for it, but I suspect the deposit was also listed in both names at once.
Check with each sceme. See link below.

Now ex-DP (never married) has walked out with zero notice after 3 years and took everything he owns (and some things I own) with him.
Both he and you remain equally liable for the rent etc

What should I do?
I'd like/need to move out sooner rather than later - partly for emotional reasons, partly for financial ones. I've asked the LL if he could be flexible about move out dates, and he's essentially said I have to pay the final month's (August) rent.
Options are
* negotiate further with the LL re an Early Surrender
* give proper notice, pay rent and leave on 14 sept
* leave early owing rent which will come from your deposit.

You also have the (unattractive) option of suing your ex for half the rent.

Anyway, if I was to move out and not pay August rent, then he'd take the £1300 out of the deposit but I'd also have to pay rent elsewhere and I wouldn't get a glowing reference. Would there be any other consequences?
Not that I can think of.

Alternatively, if I did stay until 14th September, there's the issue of who the deposit gets returned to. Given that the ex has essentially !!!!ed off without giving notice or paying his share of the rent, can I legitimately ask that all the deposit is returned to me to cover the full August rent (inc. his share) that I've just had to pay out? Or will it have to be returned split equally / with his agreement on the split?

Help much appreciated!

The deposit is usually returned to the 'lead tenant'. Find the deposit documentation, ask the LL, or check with the schemes.

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?


* Deposits: payment, protection and return

anselld

The deposit gets returned to whoever is named as the lead tenant within the deposit protection scheme.

Your ex is still jointly responsible for the rent until notice expires.

Gorecki

For what it's worth, sorry you're having to go through this. Sounds like a horrible situation :-(