Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder Bushbabie Novitiate

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    Default Shared Tenancy Agreement - one party leaving

    Hi

    I have a shared tenancy agreement with my housemate. We both equally paided the deposit over 6 months ago, to the agency and have confirmation that the deposit is registered with the Dispite Service Ltd. My Housemate has now moved out giving plenty of notice at end of the 6mth SHT. She wrote to me and letting agency giving noitice to vacate the property. I am staying in the property.

    The letting agency states that "they can only accept notice is both parties provide notice and vacate. If my house mate wished to leave the agency are unable to return the deposit to her and its is fine me to give my ex housemate her share of the deposit, she needs to confirm this in writing to the agency. Unless i am prepared to sign a new contract in my name then my ex house mate will still be liable.

    1) Who should pay the deposit back to my ex housemate? Me or the letting agency?

    I have a letter from her solisiter saying i she paid me the deposit and i have to pay her back.

    2) In regards to the Tenancy agreement what happens to that now my houemate has moved out?

    Cheers

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  2. #2
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    Default Re: Shared Tenancy Agreement - one party leaving

    Quote Originally Posted by Bushbabie View Post
    Hi

    I have a shared tenancy agreement with my housemate. We both equally paided the deposit over 6 months ago, to the agency and have confirmation that the deposit is registered with the Dispite Service Ltd. My Housemate has now moved out giving plenty of notice at end of the 6mth SHT. She wrote to me and letting agency giving noitice to vacate the property. I am staying in the property.

    The letting agency states that "they can only accept notice is both parties provide notice and vacate. If my house mate wished to leave the agency are unable to return the deposit to her and its is fine me to give my ex housemate her share of the deposit, she needs to confirm this in writing to the agency. Unless i am prepared to sign a new contract in my name then my ex house mate will still be liable.

    1) Who should pay the deposit back to my ex housemate? Me or the letting agency?

    I have a letter from her solisiter saying i she paid me the deposit and i have to pay her back.

    2) In regards to the Tenancy agreement what happens to that now my houemate has moved out?

    Cheers
    Can you just clarify... did your housemate leave at the end of the fixed term (at the end of 6 months), before the pereiodic started?


  3. #3
    Basic Account Holder Bushbabie Novitiate

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    Default Re: Shared Tenancy Agreement - one party leaving

    Hi thanks for quick reply. Yes my house mate left at the end of the fix term 6 months.


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    Default Re: Shared Tenancy Agreement - one party leaving

    Then unfortunaltey the letting agents are spot on, your house mate couldnt end the tenancy on their own at the end of the fixed term, it would require both of you to have served notice. The earliest that your house mate could have left by serving an individual notice would be at the start of the periodic to leave after 7 months. If you wanted to you could require your house mate to pay for this additonal month if you where inclined to do so as they are still liable.

    I think you need to speak directly to DPS and see what is going to happen, your ex-house mate is going to be in their rights to request the deposit bacck from DPS now. Either way you are going to be left with having to find a replacement 50% deposit.


  5. #5
    Basic Account Holder Bushbabie Novitiate

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    Default Re: Shared Tenancy Agreement - one party leaving

    I have spoken to the agency today, and as i thought they would not go with another option i thought of which was to pay them half of deposit and them and they pay the ex housemate the half. As as you state the deposit is held with the DPS scheme so they refused to pay the ex housemate

    The agency did say that she would have to confirm in writting that this has been done and she is happy that i am resposible for the full deposit.

    1) my worry is i am relaying on her to send this letter and i end up paying her the half and then when i eventually leave i will only only get half deposit back?? I have no evidence that i have paid her.

    2) there is also the matter of the outstanding utility bills that we have accounts with jointly. I am going to pay my half and have given the utility companies details of my housemates solistors for billing

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    Basic Account Holder citizenkain Novitiate citizenkain's Avatar

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    Default Re: Shared Tenancy Agreement - one party leaving

    I would hold fire on paying anything out to them till ya sort all the utility bills,costs etc out,it might take a few weeks but will save ya being out of pocket!


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    Basic Account Holder help me kick his butt Novitiate help me kick his butt's Avatar

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    Default Re: Shared Tenancy Agreement - one party leaving

    Yes, definatley dont pay anything till you have proof that all the bills are paid up. To be honest i would sit tight for a minute and not do anything.
    Are you on good terms with your ex housemate?

    Please note, my advice is only my opinion.
    If you have found my advice helpful, please tip my scales, thank you
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  8. #8
    Basic Account Holder Bushbabie Novitiate

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    Default Re: Shared Tenancy Agreement - one party leaving

    Not really that is why she sent solisitors letter. I just want to make sure i dont end up paying hlaf the bond twice. I have paid half the utilties bills and given them her solisitors address.


  9. #9
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    Default Re: Shared Tenancy Agreement - one party leaving

    I would look to seeing that some sort of proper checkout is done. The deposit should be dealt with as though the tenancy were ended and that a new deposit is insured through TDS.



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