Help with return of rental discount

ClareFH

After sharing a flat with another girl I am now moving out and she is taking the whole flat with her boyfriend.

My tenancy contract ends in early September so I am staying until my contract ends although her boyfriend has moved in already.

The Estste Agents are asking for a letter from her and her boyfriend saying they are happy with the condition of the flat before I can get my deposit returned - is this legal?

I do not understand why they have to send a letter, if the flat was not ok they would not have signed a new contract and why do they have any say regarding my deposit?

Any advice would be appreciated, thanks

Pixie5740

ClareFH wrote: »

After sharing a flat with another girl I am now moving out and she is taking the whole flat with her boyfriend.

My tenancy contract ends in early September so I am staying until my contract ends although her boyfriend has moved in already.

The Estste Agents are asking for a letter from her and her boyfriend saying they are happy with the condition of the flat before I can get my deposit returned - is this legal?

I do not understand why they have to send a letter, if the flat was not ok they would not have signed a new contract and why do they have any say regarding my deposit?

Any advice would be appreciated, thanks

Why would it not be legal? Which law do you think is being broken?

Presumably if your deposit, or your share of the original deposit, is being returned to you the remaining tenant and her boyfriend are providing a new deposit. It seems very sensible to me that they accept the current condition of the property in writing to prevent them disputing damage that you may have caused when their tenancy eventually ends.

ClareFH

Is it not the Landlord or Estate Agents role to inspect the property? If they thought there was damage (which there isn't) the dispute would be between us, as is the rental contract.

If both my flatmate and myself moved out the new tenants would not have a say in the return of our deposit, they would view the flat and if ok with the condition sign a contract. The Estate Agent would inspect regarding our deposit return.

I have asked the Estate Agent to view but they are insisting on the letter from my flatmate which implies there is a contract between us but there isn't as we signed individually and each paid half deposit and half rent each month direct.

buggy_boy

ClareFH wrote: »

Is it not the Landlord or Estate Agents role to inspect the property? If they thought there was damage (which there isn't) the dispute would be between us, as is the rental contract.

If both my flatmate and myself moved out the new tenants would not have a say in the return of our deposit, they would view the flat and if ok with the condition sign a contract. The Estate Agent would inspect regarding our deposit return.

I have asked the Estate Agent to view but they are insisting on the letter from my flatmate which implies there is a contract between us but there isn't as we signed individually and each paid half deposit and half rent each month direct.

Have you ever tried to inspect a property when there is all the furniture etc in place... The agent is going to use the current inventory to be carried over onto the new tenancy agreement, this is totally normal practice.

The alternative from the agents point of view is this....
You leave thus it ends the current tenancy agreement, all parties need to vacate the property and all belongings need to be removed so an end of tenancy inspection can take place and a new inventory can be created, this will obviously be a cost to you and your flatmate. Only then can your flatmate and boyfriend move back into the property...

I think you will agree this is totally ridiculous.. But what the agent is trying to avoid is in the future when your flatmate and boyfriend move out if there is damage, them saying that was not them and was you and rightfully arguing thus you should pay for some of it but there is no money for the agent to take to pay for the damage, they would also need to track you down, what they are trying to say is before returning all of your deposit is there any damage that you should be liable for right now and that they then accept by saying they are happy there is no current damage that any damage found when they leave is not your responsibility, think about it, it covers you also...