joint tenancy deposit dispute

[laike]

hello, i am in a joint periodic tenancy with another person who is the lead tenant on the deposit protection service record.

 

i gave 1 month notice to quit to the letting agency, however they refuse to deal with me and have responded to the lead tenant saying that i am liable for the rent until a new tenant is found to take my place, beyond my 1 month's notice obligation as these are the terms in the assured shorthold tenancy contract which lapsed and became a statutory periodic tenancy and such terms are no longer valid.

 

i foresee that they will withold my deposit for the 'due rent' and the lead tenant will agree to the deduction and not dispute the deposit deduction.

 

what will my recourse be then? must i sue the lead tenant, or the landlord? perhaps if i threaten the lead tenant now they will agree to put the deposit into dispute.

 

or i could send a letter to the landlord.

 

regardless, this sounds like it's about to get messy...

 

this is all down to the DPS not supporting joint tenancy deposits. if they had held my deposit separately, as they should have, there would be no problem. i would recommend another deposit protection agency than the DPS. their telephone support is great, but their claims system is a pain. i settled my last case with their adjudicator, they sided 75% with me, 25% with the landlord. i feel i should have received 80%-90%, i had the receipts to prove everything.

 

thanks for your advice

Edited December 21, 2012 by laike

[stu007]

Hi

 

Have you actually confirmed that the clause they state is in your AST?

 

Dont worry others will be along to advice so please be patient.

[laike]

to be precise, i have no record of their statement as they are dealing with the lead tenant only. it is the lead tenant who is telling me that i needed to provide 2 months notice instead of 1, which is apparently in the (now expired) AST. but apparently the agency is 'willing to overlook that so long as i cover the rent until the new tenant moves in', roughly translated.

 

i am however aware that periodic tenancy only requires 1 month notice as i pay rent monthly.

 

as it happens i don't even have a copy of the AST, we were only given 1 and the lead tenant has it.

Edited December 20, 2012 by laike

[stu007]

Hi

 

Could you please clarify this that the Lead Tenant and yourself signed a Joint Tenancy?

 

Do you actually have a copy of the Tenancy Agreement?

 

Do you have a copy on the Move In Inventory?

[laike]

Could you please clarify this that the Lead Tenant and yourself signed a Joint Tenancy?

 

Yes.

 

Do you actually have a copy of the Tenancy Agreement?

 

no. since it was a joint tenancy, they only gave us 1 copy and the lead tenant has it. i could search the house for it if absolutely required.

 

Do you have a copy on the Move In Inventory?

 

luckily the room was unfurnished. but no, i do not.

[stu007]

Hi

 

I would write to them (always get proof of posting and keep a good paper trail) and request a copy of the Tenancy Agreement, Move In Inventory, Tenancy Deposit Scheme as you were never provided with a copies of these documents.

[laike]

i have found the AST and here are the relevant parts of the tenancy agreement:

 

Part A

Part B

Part C

Edited December 21, 2012 by laike

[stu007]

Hi

 

I really need to see the first part of the tenancy i.e section 1.1 upto section 3.3 which is missing or you can just put up what section 1.43 states.

 

The reason I ask this is from what is in the tenancy so far the Lead Tenant on deals with the Deposit nothing to do with you teminating your tenancy or anything else but without that info hard to say if its wrong.

[laike]

here is the tenancy agreement in full:

 

http://imgur.com/a/iC7qg#0

 

and here is the deposit protection notice (redacted):

 

http://imgur.com/TpMgB

 

many thanks for your advice

[raydetinu]

how is rent paid, do you pay direct to agent or to other tenant and he pays whole.

what is the split, 50/50? for rent and deposit? pressume you both signed the agreement!

IMO one month notice is correct, as it is now a PST.

this may help.

http://england.shelter.org.uk/get_advice/renting_and_leasehold/joint_tenancies

[mariner51]

"this is all down to the DPS not supporting joint tenancy deposits. if they had held my deposit separately, as they should have, there would be no problem."

 

No they shouldn't. The Deposit is held on behalf of the 'Tenant', a legal entity comprising of all joint Ts, in the name of the nominated Lead tenant as defined in the AST. LL selects which Approved Deposit Protection Scheme to use, not T.

Tenancy dposit cannot be released until the AST ends.

 

Did you and Lead T sign the AST at the same time? ie move in together or was a vacancy assigned to you?

 

Accepting your joint T is now SPT, then your sole NTQ would cancel the T for all on NTQ expiry, all T's should move out by that date. Did you discuss your intention to vacate with other T?

Student and similar lets, where only one T wishes to leave, use assignment of place as a way round this problem.

Assignment conditions are detailed in your AST.

 

LL is ultimately resp for T deposit, yet you have not contacted him over your wish to leave?

Your NTQ may be valid, in which case, an inspection should be undertaken, deposit deductions made and remainder of deposit would be returned to named Lead T and LL would be free to sign new AST, dated day after your NTQ expires, with anyone not wishing to vacate and require deposit from those signing the new AST.

If Lead T did not return your share of returned deposit, you would have to sue him in SCC.

Being a joint T should teach some how to 'get along' with others IMO

[laike]

the AST was issued by an agent, I paid rent direct to agent for 60% of property, deposit split similarly. A vacancy was assigned to me, but there is no mention of it in the AST, standard 6 month contract terms.

 

this lapsed into SPT, my notice was given to agent, was that wrong??? The lead tenant knew I gave notice. I thought this ended the SPT, does it?

 

thanks for your help

[raydetinu]

so when you moved in a new contract/agreement was signed, by you and the existing tenant.

so the same can be done now; your notice should end the contract for both of you.

A new one will have to agreed with a new tenant or existing will have to take it on. ( if it was still an AST within the contract period, then it would different ).

when you leave at contract end claim deposit monies from scheme.

notice to agent should be sufficient if in writing/email.

[laike]

thanks but I can't claim from deposit scheme, I'm not the lead tenant - only they can raise a dispute. Hence my original question, if they don't dispute my claim and settle w LL, who do I sue, LL?

[raydetinu]

Yes sue LL, as cotract at an end.

Try contacting LL in first instance to try and resolve and confirm in writing, copy to agent before starting any action.

LL is the only one responsable for deposit.

[laike]

thanks all