Who works out amount to take out of deposit?

[lyakali]

Hi all! I'm stuck in a frustrating little battle between my ex-letting agency, and my ex-flatmates. I moved into to a flat with two friends in 2009 and we all paid out equal amounts towards the deposit. In April this year, I moved out and was replaced by another tennent. I have STILL, 3 months on, not got my deposit back. The agency are being very flakey, saying they have heard no word from my ex-housemates as to how much they want taken out my deposit, and have said numerous times they will contact them to find this out for me. My ex-housemates have not once been contacted by the agency, they sent two emails back in May (which have been replied to by the agency!) with a few things they think they may get charged for, and therefore to deduct from my deposit. After confronting the agency about these emails, they are now saying that the current tennents have to come up with the amount to take out my deposit. But the tennets are saying they have no idea how much these items will cost - or even if they'll be charged for them, so are refusing to do it. I just want my deposit back - but I don't know who I should be getting angry at here? When a previous housemate moved out last year, I told the agency his carpet needed cleaning and so to deduct that from his deposit. They even sent round a cleaner to get a quote and he had his money back within a month! So we're confused as to why the current tennents have to pluck a number out of thin air? Thanks for any response

[MrShed]

Ah, brilliant situation.

 

Very quick question before I advise - did you sign individual tenancies, or a joint tenancy?

[lyakali]

It was a joint tennancy. We just split the overall cost of rent/deposit between the three of us. That said, our contract ended at the end of May. The housemates have since renewed this with my replacement.

[MrShed]

This situation is really quite straightforward.

 

It is up to the landlord to decide on deductions.

 

As so long has passed, and clearly no checkout inventory was performed by the landlord upon you leaving, they can prove no deductions whatsoever, so you are fully entitled to the entire deposit back, regardless of what the tenants or the landlord states.

 

Was the deposit protected in a deposit scheme?

 

In any event, suggest you write the following to the landlord.

 

Dear Sir/Madam/Moron,

 

I write regarding my tenancy with yourselves which ended in April, and the ongoing situation regarding the return of the deposit from said tenancy.

 

As I am sure you are aware, the act of myself leaving the property in April ended the full joint tenancy for all of us at the time. As such, you as landlord had a responsibility to perform a full check of the property at this time, deduct any dilapidations from the deposit, return the deposit to ALL tenants, and then commence the new tenancy by taking deposits from the new joint tenants.

 

As this was not performed at the time, and as the property was vacated in good condition, you therefore have no right to either deduct any amount from my deposit, nor to continue to withhold repayment of the deposit.

 

I have been very patient with this situation up until now, but I have unfortunately now reached the position where I must get this issue resolved, as you have zero legal basis to continue withholding the deposit, partially or in full, from me. As such, I would like to receive by return a cheque for the full amount of £xxx.xx to put this matter to rest.

 

Please note that having investigated my legal position in this matter, I see absolutely no need to enter into any further conversation regarding this. As such, if I do not receive the above cheque within 7 calendar days of this letter, I will proceed to lodge a claim in county court to enforce the repayment of my deposit, and I will at this point add on interest charges and other costs incurred by myself as a result of your failure to adhere to your obligations.

 

I look forward to your response.

 

Yours Sincerely,

 

xxx

[lyakali]

That is perfect - thank you very much! Yes the deposit was protected with a deposit scheme, I've been trying to find the details of this but I shall mention it also. Thanks very much for your help

[MrShed]

Very welcome. Please let me know how you get on, am interested to see the response.

 

I expect more likely than not that you will just have more bluster back from them, so be prepared to take them to court. Its a pretty cast iron case though.

[Ed999]

My comments only apply if the premises are entirely within England and Wales, and you were granted a shorthold tenancy (under which you - and your spouse/partner/children, if any - have exclusive use of a seperate dwelling, which is not shared with another tenant nor with the landlord), and you were over 18 years of age when the tenancy was granted, and the rent is less than £2,083 per month.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

Joint Tenancies

 

This is a type of tenancy that landlords of shared properties like. All the sharers sign a single document, and are thereby all bound by its terms and conditions.

 

Landlords like this because it creates ‘joint and several liability’: each tenant is liable for ALL the rent due under the agreement. If any tenant stops paying his part of the rent (e.g. absconds), the landlord can sue ANY of the other tenants for those rent arrears, not merely the one who failed to pay.

 

The benefit for you is that you actually get a tenancy; so you have the rights of a tenant, including the important right to the protection of the tenancy deposit scheme.

 

If one tenant ends the tenancy by giving notice then it will end for everyone (because there is only a single contract, to which everyone is party).

 

A departing tenant will want his deposit back; but it is unwise to agree this, in case the landlord later claims he damaged the property.

 

 

Tenancy Deposit Scheme

 

The position may be different where the tenancy has ended.

 

If it was a fixed term tenancy (e.g. a 12 month tenancy), on the expiry of the fixed term the tenants are entitled to the return of the deposit, because the tenancy has ended.

 

If there has been a statutory continuation of the tenancy, i.e. it has simply rolled over into a periodic tenancy without a new tenancy agreement being signed, it's possible the tenancy hasn't ended. If so, the departing tenant can give written notice to the landlord, thereby ending it.

 

If a new fixed term tenancy has since been granted, to a different set of tenants (i.e. a tenancy including one or more replacement tenants), then the original one has certainly ended, because re-letting the premises is an act incompatible with the survival of the prior tenancy.

 

Therefore the departing tenant should contact the TDS Scheme administrator, and ask for the deposit. If the landlord did not protect the deposit, the departing tenant can sue in the County Court for its return.

 

 

Alternative Dispute Resolution

 

If it is a shorthold tenancy, where there is a dispute at the end of the tenancy the following matters apply.

 

If the deposit is currently held in an authorised TDS Scheme, the Deposit Protection Service (DPS) - who administer all TDS Schemes - offer an alternative procedure for resolving disputes, to save you having to go to court.

 

They have issued a guide, explaining the disputes procedure they provide:

 

• A Guide to Tenancy Deposit disputes and damages

 

Where a deposit is protected by being placed in the TDS scheme, if a dispute arises at the end of the tenancy the parties can choose to resolve it by this procedure instead of going to court (but must begin the procedure within a time limit).

 

Both the landlord and the tenant must agree to use the DPS disputes procedure. It cannot be initiated by only one of them. But it can be MUCH cheaper than a court case.

Edited July 22, 2011 by Ed999