End of tenancy paperwork and deposit on joint tenancy

Kiwimuncher92

I moved out of a property in July of 2014 leaving behind a room mate and ending our joint tenancy. Stupidly being a naive 19 year old I did not 're.ove my name from and of the utilities so both our names remain on them to this current day. I have recently been recievong letters from debt collectors as he had stopped paying his utilities and I have tried to work with the companies to get my name taken off them however they won't accept anything apart from paper work from the estate agent. However, I do not have any paper work to say I don't live there and despite my best efforts my old estate agent refuses to give me any saying he is to busy with his new business ( which is an estate agency that has taken over the management of the property). I also never received any end of tenancy paper work from him in the first place.
What are my rights regarding this?
Also what are my rights regarding my deposit as my name is no longer on the tenancy however is still on the deposit agreement ?

Pixie5740

Kiwimuncher92 wrote: »

I moved out of a property in July of 2014 leaving behind a room mate and ending our joint tenancy. Stupidly being a naive 19 year old I did not 're.ove my name from and of the utilities so both our names remain on them to this current day. I have recently been recievong letters from debt collectors as he had stopped paying his utilities and I have tried to work with the companies to get my name taken off them however they won't accept anything apart from paper work from the estate agent. However, I do not have any paper work to say I don't live there and despite my best efforts my old estate agent refuses to give me any saying he is to busy with his new business ( which is an estate agency that has taken over the management of the property). I also never received any end of tenancy paper work from him in the first place.
What are my rights regarding this?
Also what are my rights regarding my deposit as my name is no longer on the tenancy however is still on the deposit agreement ?

How exactly was the joint tenancy ended? Did you serve notice and then your flatmate who chose to remain sign a new tenancy agreement?

Kiwimuncher92

My name remained on the agreement until the tenancy was over, although I had already moved out(due to the fact he had been stealing from me). I then believe he would have signed another joint tenancy with someone else or a single tenancy

Pixie5740

Kiwimuncher92 wrote: »

My name remained on the agreement until the tenancy was over, although I had already moved out(due to the fact he had been stealing from me). I then believe he would have signed another joint tenancy with someone else or a single tenancy

That's not how a tenancy can be ended. Assuming this is England or Wales for the tenancy to end all joint tenants would need to leave at the end of the fixed term, if one remains without signing any new agreement the joint tenancy will automatically become periodic the day following the end of the fixed term.

Rather than believing I think you need to find out. Have you tried to claim your deposit back?

Kiwimuncher92

I have spoken to the deposit protection service and they have said they recommend I seek legal advice as they do not act as a regulatory body and my old estate agent either ignores me or tells me it's not his problem and the deposit protection scheme will not proceed with repayment till the estate agent agrees

Kiwimuncher92

I've also had the estate agent confirm in email I am no longer a resident there

Pixie5740

Kiwimuncher92 wrote: »

I've also had the estate agent confirm in email I am no longer a resident there

That doesn't mean to say the joint tenancy has ended all that confirms is that you are no longer resident.

Read G_M's 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?

Also read Deposits: payment, protection and return.

macman

Assuming you moved in somewhere else, can you show/prove a tenancy start date at the new address? On electoral roll at the new address? On utilities at the new address? That might satisfy the utility co's. Then you will only have to pay up to your departure date. Failing that, you are jointly and severally liable until such point as your tenancy ends, or you can prove that you were no longer resident.

Kiwimuncher92

I've offered to show them everything I can but I moved back into my mum's after that flat and the utility companies refuse to accept anything other than some form of end of tenancy paperwork which I never received

Pixie5740

Kiwimuncher92 wrote: »

I've offered to show them everything I can but I moved back into my mum's after that flat and the utility companies refuse to accept anything other than some form of end of tenancy paperwork which I never received

Tenants aren't usually given paperwork to show the tenancy has ended, I certainly never received any when I was renting. There's also the possibility your tenancy hasn't ended.

G_M

It sounds to me like the tenancy never ended.
So the deposit scheme will not release the deposit.


When you left in July 2014
* was that the end of a fixed term?
* or was the tenancy periodic (rolling) and if so did either you or your flatmate serve proper written notice?
* after you left, was a new tenancy created for your ex-flatmate?


Are you still in touch with this ex-flatmate? What does he say about the utilities? About his current tenancy (ie in his name only?)