Advice on deposit

[murphyh2]

Hi, I was in a joint tenancy with 2 other people which has now come to an end. However, one of my flatmates left and went abroad without paying his final months rent. We checked with the agency and they said the rest of us had to cover it - so we did.

 

The deposit is now due back, and we have asked that the entire amount be returned to the Lead Tenant (my other flatmate) so we can recover our money and send the remaining amount back to him. However, the agency are insisting on splitting it equally in three and sending him a cheque. Firstly, we did not all contribute the same amount to the deposit, secondly, there are retentions that relate solely to him which the agency is intending on splitting over the three cheques. I do not want to lose out on this - what can I do?

[DisgruntledTenant]

I think you need to go through the small claims court... but given the flatmate has split.. I think you are a bit screwed sorry!

 

At least I guess the cheque will go to the same place and you can ensure he doesnt get it.

 

Or you could let him know its there and ask for a forwarding address for the cheque and then serve notice of the small claims court on him..

[murphyh2]

Given that he breached the Joint Tenancy agreement, can I not insist on the amount coming out of his deposit to us?

If I did put this to the TDS for arbitration (there are unfair retentions too), would the ICE award it to the lead tenant?

[MrShed]

The money must be returned to the persons who paid, and the amount paid. Deductions WILL be split across the three - deductions "liable" by one person is not for the landlord/letting agent to decide unfortunately.