Question about Joint Tenancy

[Gemma182]

Hi,

 

Strange one here, but bare with me.

 

T1 and T2 shared a flat together and paid half a deposit each. A joint tenancy. When the Tenancy ended, I moved in and signed a tenancy agreement but DID NOT pay a deposit. I was told by the estate agent to just give half the deposit to T2 (who moved out). Bareing in mind i also DID NOT sign a deed of assignment. No paperwork what so ever to do with paying T2 the deposit. Just to "hand it to them".

 

 

After two months, I found living with T1 unbareable and had no choice but to move out. I still at this point have not paid any any deposit even though on the tenancy agreement it would look like I had as it has the deposit amount on there even though it was not me that paid it. Also note that T1 has paid 6 months rent in advance.

 

T1 is finding someone new to move in but I am being chased by T2 to pay them their hald of the deposit even though there is no paperwork stating that I have to.

 

Can I walk away from this situation? I have already posted my keys back to the estate agent explaining the situation and that T1 is more than welcome to end the tenancy with me and loose all the deposit, or find someone new.

 

Any further information required, please do ask

 

Thanks in advance.

[mariner51]

You signed an AST, min fixed term 6 mo, moved in and paid some rent? You mailed the keys back or pushed them through LA letterbox 1 night? Any proof of doing either?

LA will prob say he never received them so no 'surrender by force of Law'. If AST said you were required to pay a deposit, then a deposit was reqd. LA told you to pay it to departing T. You failed to do this. T2 or LA could sue you for deposit and LA for remaining fixed term rent due. Whether you win against either is debateable, but will cost you time etc. You could end up with a CCJ and other recovery action and no glowing LL ref.

[billpayer]

As this is a joint tenancy you are both liable for the debt until one of you signs for a transfer of tenancy and even then they might ask for a guarantor

[Gemma182]

You signed an AST, min fixed term 6 mo, moved in and paid some rent? You mailed the keys back or pushed them through LA letterbox 1 night? Any proof of doing either?

LA will prob say he never received them so no 'surrender by force of Law'. If AST said you were required to pay a deposit, then a deposit was reqd. LA told you to pay it to departing T. You failed to do this. T2 or LA could sue you for deposit and LA for remaining fixed term rent due. Whether you win against either is debateable, but will cost you time etc. You could end up with a CCJ and other recovery action and no glowing LL ref.

 

Yes I signed a AST but within it, it states a deposit should be paid before the signing of the agreement. I posted the keys back to the estate agent with a covering note and they called to confirm they had received the keys. I paid two months rent and I guess my bank transfer is proof of that. LL hasn't been involved in this. Just the letting agents. Also the remaining tenant is getting someone in to fill the room I was in, so therefore LL should be happy? Letting Agent gave the Okay to get someone else in.

 

There is nothing in writing saying I have to pay a certain person any deposit, so the new tenant will then pay the deposit? Is this ok?

[Snorkerz]

The tenancy with T1 & T2 ended 2 months ago. At that point "The Tenant" - T1&2 should have had their deposit returned to them.

The tenacy between You & T1 is a separate legal entity, for which, it would appear, no deposit was paid.

You and T1 will have joint and several liability - if all the rent is not paid until the end of the fixed term, the landlord could sue either or both of you through the courts for the missing rent - even if you don't live there.

You may think you have proof a deposit was paid by you - you haven't.