Landlord withholding deposit

sarah_holt · 12th July 2008, 15:43

Hi,

I am a student and rented a house from june07-08. One of our house mates was always defaulting on bill payments to us and rent payments to the landlord. This meant there was tension between him and us, the other house mates.
He moved out 2 months before the contract ended with the knowledge and permission of the landlord. The landlord is now refusing to return our deposits until he pays the last 2 months rent.

Should she return the deposit to the 3 of us who have no outstanding rent?

Any advice would be appreciated

Sarah

MrShed · 12th July 2008, 15:55

It depends on what your tenancy states regarding what a deposit can be used for. Ususally, it CAN be used for rent, and you are all jointly liable with the leaving tenant for the rent(probably, do you have a JOINT tenancy? Certainly sounds like you do).

Was your deposit protected in a tenancy deposit scheme?

sarah_holt · 12th July 2008, 15:58

no the landlord didnt put the deposit in a scheme. We all pay different rents depending on which room were in and the rent was for 1 year - thats all i know im afraid

MrShed · 12th July 2008, 16:01

Did you all sign one tenancy agreement? Or did you sign individual tenancy agreements? Did you all decide to live together before - i.e. did you go looking for the property as one group? Or did you let it room by room?

Also, what is the total monthly rent for the property?

sarah_holt · 12th July 2008, 16:06

initially 4 girls went to view the house and we rented it as a group then one girl moved out and he was the replacement. We didnt know him or anything. We had to sign a form to say it was ok for him to move in. The monthly rent is about £1000.
I think we all signed one tenancy agreement initially

thanks for the help

MrShed · 12th July 2008, 16:16

Hmmm - tricky one. Did you all re-sign a contract when he moved in? Do you have any knowledge of what contract he signed when he moved in?

BTW as an aside - why did he move out, 1 guy living with 3 girls!!!

sarah_holt · 12th July 2008, 16:45

thanks for all the help. i have spoken to the landlord and theyre going after his dad for the money (he was guarantor) looks like we just have to wait.

Thanks again

MrShed · 12th July 2008, 16:56

No worries. If you still have problems, let us know

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