My name is still on lease with ex and I need my deposit back!

decoydream

Hello everyone,

In August 2016 I officially broke up with my partner I was with at the time and moved out. The lease for the house is in our names however I am the main tenant. I have had multiple attempts to get my name off the lease and also get my deposit back without much luck at all. I know it's been so long since I moved out and it should have been dealt with earlier but life just gets in the way. I have since had to become my dad's carer, bought my own home and on top of all of this, I left my dog with said ex only to find out he's been abused and neglected as of a few days ago! (Hence the need to be completely disassociated with this scum bag. RSPCA are involved - don't worry.)

The last time I spoke to the estate agent (which was months ago now, granted) they said that they needed my ex to get a guarantor for him before they could take me off the lease? And they haven't really said anything about my deposit. I'm going to call them back tomorrow morning but thought I'd seek some advice from you lot first. My question is: CAN I get my deposit back? I was the main tenant, my ex is listed as 'other tenants'. On the receipt for the deposit it has my name solely on it. The deposit is also protected through mydeposits.co.uk.

Can anyone give me any advice at all? I'm so bad with these things but it needs sorting! Thank you all so much regardless just for reading this.

kazwookie

How long was / is the lease for?

Is there a break clause?

decoydream

Hi, thanks for replying so quickly.

On the documents I have here it says: 6 months term starting 28th August 2015 til 25th February 2016. I was still in the house at that point and I am under the impression it moved onto a "rolling contract", however I could be wrong.

I'm sorry but I don't know what a break clause is!

elsien

Can't you give notice as the lead tenant?

Ms_Chocaholic

What happened when you moved out? Did you contact the estate agent? If you did, what did they say about you leaving.

decoydream

elsien wrote: »

Can't you give notice as the lead tenant?

It does say here "The head tenant is the person nominated to act on behalf of you all jointly and individually when dealing with the deposit. This representation is to act on behalf of you all jointly and individually when dealing with the administration fee and can be replaced by another of you, so long as we are notified in writing by a majority of you. The landlord will refund any payments made by the tenant which relates to a rental period which starts after the tenancy ends."

So I'm assuming that yes I can - but does that mean I would be speaking on his behalf too? Because he still lives at that address.

Ms_Chocaholic wrote: »

What happened when you moved out? Did you contact the estate agent? If you did, what did they say about you leaving.

I did contact them and they said they needed him to get a guarantor and contacted the ex. When I asked the ex he said he was waiting on paperwork so he could get his dad to sign and then when I contacted them again, they said they were waiting on him. That was the last I heard.

theartfullodger

Now it is perioidic tenancy any one of the joint tenants may give notice & that ends the tenancy FOR EVERYONE. The remaining joint tenant may agree a new tenancy with landlord. You should have done this at end of intial fixed term

decoydream

theartfullodger wrote: »

Now it is perioidic tenancy any one of the joint tenants may give notice & that ends the tenancy FOR EVERYONE. The remaining joint tenant may agree a new tenancy with landlord. You should have done this at end of intial fixed term

OK I get you. Is that why they're saying to me he needs a new guarantor? In order to agree a new tenancy? If I handed the notice in now, regardless if he stays there or not, would the deposit be released back to myself?

G_M

artful is right but there's more:

1) in a periodic tenancy like this, any of the joint tenants can serve notice. It will bind all the joint tenants.

2) so you could serve notice to end the tenancy.

3) but that means ALL the joint tenants must leave when the notice expires

4) if one of them (eg your ex) signs a new tenancy, in his sole name, he can stay - but it sounds like his income/credit is not good enough, so they want a guarantor

5) if all the joint tenants do NOT leave when the notice expires (and there is no replacement tenancy in place for your ex) then
a) the LL can charge double rent for your failure to (all) vacate the property when the notice expires, and
b) no you would not get your depost back!

Talk to your ex.

Talk to the landlord.

Agree a way forward.

weather83

decoydream wrote: »

OK I get you. Is that why they're saying to me he needs a new guarantor? In order to agree a new tenancy? If I handed the notice in now, regardless if he stays there or not, would the deposit be released back to myself?

As you have a joint tenancy, all you need to do is give formal notice, and the tenancy ends for both you and your ex after the notice period. The agency will then do an inspection (probably), and work out how much of the deposit to give back.

If your ex wants to stay, he will have to get a new tenancy with the agency.

Has your ex been paying rent/looking after the property? Even though you don't live there, you are also (legally) responsible for the rent and any damage to the property.

I would speak to the agency to check the situation, then give notice. You should also give your ex fair warning, so he can sort out somewhere to live.

G_M

weather83 wrote: »

As you have a joint tenancy, all you need to do is give formal notice, and the tenancy ends for both you and your ex after the notice period. The agency will then do an inspection (probably), and work out how much of the deposit to give back.

If your ex wants to stay, he will have to get a new tenancy with the agency.

As pointed out above, if the landlord declines to offer the ex a new tenancy, and the ex decines to leave the LL can demand double rent.... from either or both of the joint tenants.