Shared tenancy and deposit

Vestra

I have recently moved out of a shared tenancy, I left the tenancy and transferred this over to someone new that has moved in. The agency has told us we need to sort out the deposit between ourselves ie them pay me my share of the deposit and the agency will update the certificate, does this sound right to anyone or should the agency be taking more responsibility here?

saajan_12

Vestra wrote: »

I have recently moved out of a shared tenancy, I left the tenancy and transferred this over to someone new that has moved in. The agency has told us we need to sort out the deposit between ourselves ie them pay me my share of the deposit and the agency will update the certificate, does this sound right to anyone or should the agency be taking more responsibility here?

What is actually happening to the tenancy?
(1) Are the new occupants signing a new contract with the LL and is yours being early terminated? -> then fine for you, your liability ends and you have your deposit money back. The new occupants may have a hard time proving they paid a deposit to the LL
(2) is everyone signing a 'Deed of Variation' so the new tenants step into your shoes? -> Then transferring the deposit between you IS the correct thing to do, and the LL will owe it to the new tenants when they eventually terminate.
(3) Will your tenancy not be ended, and effectively the new occupants become your subtenants (with permission from LL) -> Then you should receive a deposit from the new tenant and return it to them when they leave. Separately, you should receive your deposit from the LL when the tenancy eventually ends, though th eLL can hold you liable for rent / damage until that point.

Presumably you'll say (3) isn't your intention, but in the absence of a deed of variation or written termination of your tenancy, don't be surprised when the LL try to claim that's what happened if the new tenants don't pay.

In your position I would be fine with (1) or (2). But what happens to the tenancy will be more important. Who returns the deposit is something for the new occupants to worry about but it shouldn't affect you.

Vestra

It's number 2, I still haven't received the deposit and I am no longer party to the tenancy agreement I understand.. am I protected in anyway?

Vestra

Actually, correction.. there is a new tenancy agreement which has replaced the old one of which I am not named on. There was not a deed of variation.

saajan_12

saajan_12 wrote: »

(2) is everyone signing a 'Deed of Variation' so the new tenants step into your shoes? -> Then transferring the deposit between you IS the correct thing to do, and the LL will owe it to the new tenants when they eventually terminate.

Vestra wrote: »

It's number 2, I still haven't received the deposit and I am no longer party to the tenancy agreement I understand.. am I protected in anyway?

What exactly did the deed of variation say? Please quote it.
Any protection you have would be from that, or any proof of the agreement you had with the new tenant. The LL / LA is now irrelevant.

G_M

Vestra wrote: »

Actually, correction.. there is a new tenancy agreement which has replaced the old one of which I am not named on. There was not a deed of variation.

Are you sure?

Have you got anything in writing to say that the existing tenancy in the joint names of yourself and your original joint tenants, is ending?

Does it clearly state the date on which the tenancy is to end?

Is it agreed/signed by
* the landlord and/or his agent, AND
* yourself, AND
* all your original joint tenants?

If yes, then

1) yes, your tenancy and all your legal obligations end on that date
2) what happens thereafter (new tenancy) is nothing to do with you
3) as the tenancy is ended, the deposit for that tenancy should be released by by the LL/agent from the deposit scheme and returned to the original joint tenants or 'lead tenant'
4) a new deposit may be demanded by the LL for any new tenancy - but see 2) above. Not your problem.