Please help! Joint tenancy disputes

Fred4995

Hi, just looking for some advice.

I was a joint tenant on a fixed term 12 month contract which ended on 1st August.

My house mate informed the estate agent they would be moving out at the end of tenancy and I would be taking over as sole tenant. The estate agent informed me that I would need to pay my housemate their half of the deposit an they would the sign the existing deposit over to my name.

For the last 2 months of the tenancy my house mate did not pay full rent or bills for either months. Therefore I deducted the outstanding amount from their half of the deposit that I was paying back to them

I have not yet paid them as they have no returned the keys and therefore still have access to the property even though they are no longer a tenant.

I don't feel comfortable paying the remaining deposit amount to them until the keys have been returned

I was under the impression that keeping the keys meant they were liable for rent payments regardless that the tenancy has ended?

I'm unsure what my rights are and what their rights are and whether the estate agent should take more control and seek the keys?

Thanks

mrginge

Change the locks and take the cost out of their remaining deposit

G_M

Has the original tenancy ended? I don't mean the fixed term, I mean the tenancy.

a) If not, then your joint tenant is still a joint tenant, and the deposit should not be returned by the landlord, and certainly not by you. He remains equally liable for any rent arrears and/or damage in the future.

b) If the tenancy has ended, then:

i) the landlord should undertake a check-out inspection, and then remove the (full) deposit from the deposit protection scheme and return it in full to you both (less any deductions for damage/arrears)
ii) you should be given a new tenancy in your sole name
iii) the landlord should do a new check-in inventory
iv) you should pay a new deposit which should be protected as a new tenancy has been created

Either way, you should not be paying the deposit back to your joint tenant. He did not pay the deposit to you, he paid it to the landlord (via the agent). So that's where it comes back from.