Joint Tenancy Agreement - Non paying co-tenant (deposit problem)

[murphymix]

Hi,

I have recently moved out of a house that we were renting on a joint tenancy agreement (we were 4 students) since the agreement had ended. We had the property inspected and it was agreed that there were to be no deduction to be made from the deposit for damage etc. We have now be told however that one the tenants was 3 months behind on rent and that the remaining 3 tenants would need to repay 2 months of this rent from our deposits (the 3rd month would be taken from the non paying students deposit). At no point during the tenancy were we told that the 4th student was behind on her rent and we assumed that she had been paying on time. Please could you help me understand where I stand on this.

Does the landlord need to provide evidence that the 4th student has not paid to make a deduction from our deposits?

How much effort should the landlord make to collect rent from the non-paying student (her parents had signed a gurantor form)?

can i direct a small claim to the landlord or non paying student?

should the landlord have notified us earlier and possible started eviction proceeding instead?

I realise that all tenants are liable to pay the rent but does my case present any special circumstances?

Also (although kind of related), the tenancy agreement runs for 12 months (it ended june 31st 2007), but for two of us this is the second agreement we have had as we remained in the same poroperty for two consecutive years. We gave a deposit in Sept 2005 when we began the first tenancy. At the end of the first tenancy we signed a new tenancy for the next twelve months with two new tenants. The landlord assumed we were rolling the deposit onto the tenancy agreement but no formal agreement was made to do this. Is this allowed and or can I claim back the first periods depost and assume i had left no deposit for the second period?

Thanks for your help everyone, i greatly appreaciate it.

[MrShed]

Short answer is that the landlord is entitled to do as he is. However, you can sue the late paying tenant for the rent.

With regards the deposit, I would think you would seriously struggle to do what you plan - by not challenging it for 12 months, you clearly accepted his assumption, I would doubt a court(where it matters) would rule for you on this one.

[murphymix]

Thanks, I thought this was the case and I will most likely put in a small claim to the non-paying tenant. A few other basic questions though please:

1.When the landlord writes to say they are with holding out deposit because the tenant has not paid her rent am I entitled to be provided with any evidence that this is the case (is so, what?). I am a little jubious that there is infact any unpaid rent remaining.

2. As the non paying tenant provided gurantor forms etc how much effort should the landlord put into collecting the money before taking from my deposit?

Many thanks for your valuable help to date.

[MrShed]

You cannot "prove" rent has not been paid. You can only prove rent HAS been paid, so it would be up to the tenant in question to provide bank statements or similar to prove it has been paid.

As for your second question, I am not entirely sure. Legally, I am fairly sure that the first port of call should be the other tenants. Morally, and usually in practice, the guarantor would be the first port of call.