Joint Tennancy - Split up - Deposit - Taking on tennancy

StuieUK34

Hi all,

Bit of a long shot this, so am just looking for peoples input on this, as i know its a case for legal advice.....
Its in relation to my mum, so trying to get an idea of things so i can help her where to go....

Mum is 66 - retired, her husband is 64 - retired (has a very very good pension).
They have joint tennancy, and through there agreement, he pays 55% rent + bills , she pays 45% rent in there money workings......

Tenancy agreement is a long one (what he wanted), and has 18 months left.
They split up with him saying she has to leave. I have got something sorted for her accomodation wise, so all good there (well, will be soon ! )

When they moved to this house 18mths ago, my mum paid the deposit with her bank card, however, the deposit protection is set with 'his' email address for future management.


As it was a case of my mum wanting to be removed from the tennancy agreement, and he wants to take over the agreement himself, he has started the ball rolling to do so.
Both have spoke with the landlord and letting agents so they are aware of the situation..
Landlord is OK as no business lost, and letting agent make a few quid out of doing new security checks and removing my mums name from the tennancy agreement.

My mum spoke to the letting agent today who said the process should complete by next week, and her name will be removed.
She asked about the deposit, to which the letting agency said:
"Thats for your husband to pay you" ......... as the deposit in the protection scheme stays where it is..
And also, "there is nothing for her to sign" ......

In this scenario, i fear that this guy wont give her the deposit money, and she ends removed from the tennancy (which she ultimately wants), so kinda walks away with nothing, and has to legally give the keys back.....

I said the CAB would ideally be her first point of call..

My thoughts are, if he doesnt give her back her deposit money by Friday, could i get her to dispute the tennancy removal (in writing and verbally), to try and throw a spanner in the works ????
ie: trying to cause a problem to force this guys hand, so he pays her what is hers....


*** Update - edited rather than reply pushing thread to the top ***

Letting agent removed my mum from the tennancy, but her 'ex' paid her the deposit value 4 days before she got email confirmation to say she is free of liability....
Case closed!
Cheers for the reply G_M

G_M

Much depends how the LL/agent plan to 'remove her name'.

StuieUK34 wrote: »

......
They have joint tennancy, and through there agreement, he pays 55% rent + bills , she pays 45% rent in there money workings......
This is irrelevant - purely between him and her.

Tenancy agreement is a long one (what he wanted), and has 18 months left.
They split up with him saying she has to leave. I have got something sorted for her accomodation wise, so all good there (well, will be soon ! ). Well he can't actually say "she has to leave", however if she's OK with that, then fine.

When they moved to this house 18mths ago, my mum paid the deposit with her bank card, however, the deposit protection is set with 'his' email address for future management.
There is a 'lead tenant' Check with the deposit protection scheme who is the named 'lead tenant' (probably him!). And see link below.

As it was a case of my mum wanting to be removed from the tennancy agreement, and he wants to take over the agreement himself, he has started the ball rolling to do so.
Both have spoke with the landlord and letting agents so they are aware of the situation..
Landlord is OK as no business lost, and letting agent make a few quid out of doing new security checks and removing my mums name from the tennancy agreement.
If the LL is happy, why are security checks needed?
Speak to the LL not the agent (who just wants to make charges).

My mum spoke to the letting agent today who said the process should complete by next week, and her name will be removed.
How? See below.

She asked about the deposit, to which the letting agency said:
"Thats for your husband to pay you" ......... as the deposit in the protection scheme stays where it is..
Ah! But see below.

And also, "there is nothing for her to sign" ......
Rubbish!!!!!!

In this scenario, i fear that this guy wont give her the deposit money, and she ends removed from the tennancy (which she ultimately wants), so kinda walks away with nothing, and has to legally give the keys back.....
See below
....
My thoughts are, if he doesnt give her back her deposit money by Friday, could i get her to dispute the tennancy removal (in writing and verbally), to try and throw a spanner in the works ????
ie: trying to cause a problem to force this guys hand, so he pays her what is hers....

She is a joint tenant. She has the right to remain ther till the tenancy ends - in 18 months. Unless she agrees, in writing, to do one of the 2 options below
a) she will still be a tenant
b) she cannot be told to leave

To remove her from the tenancy, either

1) End and renew
* the current joint tenants (both of them) offer to surrender the tenancy -in writing
* the landlord accepts their offer - in writing
* the deposit is released from the deposit scheme (to the lead tenant)
* the lead tenant and other joint tenant agree how to split the money
* the LL creates a new tenancy in the sole name of one tenant
* the LL takes, and protects, a new deposit for the new tenancy
* the LL gives the new tenant all the required documents (EPC, gas report, Gov leaflet etc)

2) Assign
* The existing tenancy continues
* the name of (one) joint tenant is assigned and the other substituted - ie instead of T1 & T2, T2's name is assigned to T1 who becomes a sole tenant
* As the existing tenancy does not end, the deposit is not returned and no new tenancy is created
* A Deed of Assigment is needed, signed by: landlord & both tenants.
*Typically the Deed would specify that the deposit is paid by the remaining tenant to the departing tenant.

Example Deed here:

https://housing.london.ac.uk/cms/uploads/media/Assignment_-_revised_draft__18_5_12__ver3__2___3_.pdf


* Deposits: payment, protection and return