Joint tenancy implied surrender

SpiderLegs

hmovassagian said:

hmovassagian said:

rik111 said:

Why are you making this so complicated ? You've agreed to them keeping the deposit and then put in a dispute... Why on earth would you do that, especially as the other tenant wont agree to it so its a complete waste of everyones time. Why renege on your agreement. Its no wonder letting agents get fed up with Tenants and probably no wonder why the other tenant moved out, you sound like a right one.

I like to make them suffer at least for a bit because they treated us like sh*t, that's why. Hope this answers your questions.

Might help to mention that I'm dealing with Foxtons here

I’m not sure that Foxtons/LL will really care about your little tantrums. They’ll just pass it through their dispute process and carry on dealing with their other tenants. 

Maybe they’ll pursue you for the full amount, maybe just call it a day at the deposit + blacklisting you. Who knows.

getmore4less

hmovassagian said:

greatcrested said:

When your joint tenant moved out, what happened?

Clearly the tenancy did not end, so nor did his liability for rent.

Did he continue to contribute to the rent?

Did someone else move in, as a lodger, and ay a proportion of the rent to you? Or to him?

Perhaps point out to him that he is liable for rent from the date he left, and that if he takes legal action against you for the deposit, you will counter-claim for rent?

How much is the deposit, and how much is the difference in rent between your tenancy and the subsequent one? ie will the deposit cover the debt fully?Will a proportion of the deposit be returned to you?

He moved out in June and continued to contribute to the rent up to and including August. From September a friend of mine moved in as a lodger and paid rent instead of my joint tenant. The new tenants moved in on 31 October and since then we haven't paid rent there anymore. So there's no dispute between us regarding rent paid up to 30 October.

The deposit is £2,550 and the difference in rent which we're being asked to pay is £3,550. The last time the agency contacted me was 2 weeks ago, where they agreed to me paying the difference of £1k to settle the matter. They haven't been in touch since, possibly because I started a dispute with the deposit scheme. 

Perhaps point out to the other person their liability is for 1/2 the rent(£R1) for the duration

When was the tenancy due to end?
You have mentioned July 2021 but that would be more than a year after the joint moved out which you said was June?

Once you have the number of months(M) due that would be a liability of M*£R1= £X
You have reduced that liability
1. By getting a lodger to cover the full amount for 2 months(Sept+Oct). which is  2*£R1 = £Y .
2. By getting replacement tenants for the remainder of the term on a new rent 1/2 is (£R2)  (M-2)*(£R2) = £Z

They now owe £X-£Y-£Z,  how much less is that?