Advice needed on joint TDS

[HelenCowan]

Hello, I really need your advice please.

I live in a shared household with two other tenants.

 

The house share was started by myself & one other person & then a month later another house mate joined and a new tenancy agreement was made.

 

We have agreed to an 18 month tenancy with a 12 month break-clause. We are currently 8 months into that agreement & the house mate I initially moved in with now wants to move out. The Letting Agent has agreed & neither I or the other housemate has any problem with someone new joining for the remainder of the tenancy.

 

However it gets complicated as when we moved in we needed to secure the property with a deposit, which I paid. We then had to pay first months rent, security deposit & letting agents fees. This was split 50/50 with the first housemate (less the deposit I'd paid to secure the property)

 

 

When the second housemate moved in the Letting agent insisted that the new tenant paid 1/3 of the security deposit but would not refund the initial over & above deposit back to myself & the other original housemate.

 

 

The Letting Agent has agreed that should the original housemate leave she would be able to take a substantial amount of the deposit out of the security deposit. Whilst we both paid an equal 50/50 split they have somehow associated more of my housemates deposit to the TDS than of mine.

 

How can I ensure she only gets back what she put in??

 

Any advice welcomed.

Edited April 27, 2013 by citizenB
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[Conniff]

My thinking, it may be total rubbish.

 

Could you not pay the moving out tenant yourself and leave the deposit etc as it is with the moving out tenant signing a disclaimer to having any association with the past deposits.

[mariner51]

Tenancy deposit is payable by the Tenant, ie all joint Ts, usually in the name of lead or longest serving tenant.

Conniff's suggestion works for many transient joint Ts but carries some risks for future.

When the 3rd flatmate arrived and new AST was signed, the LA should have done an inventory inspection, deducted any damage from orig deposit and returned the difference to be divided equally between orig 2 t's.

Then required new deposit for new AST, presunably equal shares from 3 T's. Then this confusion would not have arisen

Tech deposits are not refunded until after end of current AST. Has LA accepted departing flat mate's early surrender? She could remain liable for rent & property until effective break clause date otherwise.

 

Lets see some figures eg

Security deposit for property £900 2 people paid £450 ea, late arrival paid £300, deposit now held by LA £1200

departing T entitled to return of £450 assuming no deductions for T damage

 

Assuming no replacement and deposit reqd remains at £900, the late arrival needs to pay additional £150 dposit to match your share 50:50 and make up the deposit shortfall.

All this should be sorted with LA before any ind deposit is repaid.

 

Please supply your own figures as above as it is not clear who paid what to whom.

[HelenCowan]

OK - thanks for commenting.

 

Total moving in bill was £6,648.87 - made up of £2,628.87 rent, £3,630 security deposit, £390 of agency fees. London pricing YIKES!! no wonder we have to share!

I paid the initial deposit of £600 to secure the property so when moving in bill was due HM#2 paid £3,324.44 and I paid £2,724.44

We received a Tenancy Deposit Certificate for HM#1&2 for £3,630 - no mention of the split

 

When agreement was made for HM#3 to move in the LA refused to refund our deposit saying it wouldn't be possible till end of tenancy so when HM#3 moved in a month later he paid agency fees, rent etc & £1,210 into a TDS. HM#3 has a separate certificate for this amount.

 

Now HM#2 is leaving the LA informs us that the deposit split is £2,115 to HM#2 and £1,515 to HM#1 (me)

 

More strange they're now happy that any new tenant moving in only needs to cover the shortfall they state that is only £635 (because they can't add up!!) I work it out to be £905 but feel that they should at least pay £1,210 the 1/3 split of the deposit.

 

I know that we should get the LA to check the property as HM#2 leaves and any issues with the return of Tenancy Deposit should be dealt with now between the 3 of us before new HM moves in. HM#2 to pay for the cost of this seeing as they are the outgoing prior to the end of tenancy.

 

Look forward to hearing back from you

Edited April 27, 2013 by HelenCowan
correction