Notice to move and Deposit. Possible issue?

Burning_K · 10th January 2007, 07:54

Hello, I hope someone is able to give me some advice here.

I currently rent a 2 bed flat in London with a friend of mine and due to various circumstances I've had to take a new job up in Manchester.

The current contract is due to end mid-March and I've given my month's notice to the Landlord and Agent to leave at the beginning of Feb.
The contract is a 12 month contract with a break clause after 6 months, so I assume handing my notice in is kind of straightforward. Or is it?

I'm wondering what the situation is with me and my flatmate being described in the contract singularly as 'the tenant'. I'm guessing that if I leave that my friend will be liable for all of the rent unless another person is found to take my place. At the moment this seems to be okay as my friend says she has found somebody else to move in but my question is about who do I get the deposit from?
We each paid half of the deposit which is held by the landlord in a stakeholder account, so when I move do I get him/the agent to pay me the half I put in, or does my flatmate/the new person moving in have to give it to me?

I would rather just be able to move and have the landlord/agent return whatever part of the deposit is owed but when I spoke briefly to the Agent earlier she metioned vaguely that I would have to get it from my flatmate. For what it's worth the Agent is not particularly helpful at the best of times.

Is this the case or can the landlord release my half and the new tenant pay the agent that half back again?

Thanks in advance for any help!

blacksheep1979 · 10th January 2007, 10:36

If it is a joint tennancy then in effect you would both have to cancel the agreement and then your friend and the other sign a new agreement in which case you and your friedn get your deposit back and then she and the new tennant both sign a new agreement and pay their deposit.

If you both have seperate agreements then your friend has no need to ge t another tennant in.

Burning_K · 10th January 2007, 16:38

Does this mean that I can't legally hand in my month's notice then unless my flatmate also does the same?

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