Legal Advice - Tenancy

[borassic]

Hi blues.

I know there's some smart people on here with legal backgrounds so thought it'd be worth asking for advice.

I had a joint tenancy agreement from Sept 22 to Dec 23. My flatmate moved out without warning in October 23 after we had notice from the landlord telling us he was selling up. One day they were there and the next they were gone.

Subsequently I have covered the full rent payment plus their share of the bills (all in my name).

I actually wasn't that put out initially. I thought I'd be seeing their share of the deposit at the end of the tenancy and having a couple of months living alone etc. I sent my bank details to the Tenant Deposit Scheme for all of the deposit to come back to me.

Landlord has just informed me that my flatmate has emailed them directly to ask for half of the deposit when it is released (over the next couple of days)

After speaking to the Landlord, it seems that by law they have to split the deposit and pay back half to each of us.

So I'm at a point where I'm 2 months (their share) rent out of pocket as well as half the deposit going back to them.

Usually flatmate would send via bank transfer and i'd then forward across to the agency, so I do have a paper trail and evidence of non payment.

I am assuming Letter of Intent/Small Claims Court is the only way to go here but wanted to see if anyone had been in a similar boat or could offer up any advice?

Feel free to DM if you like, thanks!

 

[Blue Maverick]

Go and kneecap the cheeky twat and get your cash back.

 

[Scottyboi]

I have no help, just wondering why you had to cover his half it isn't your fault someone vanished into the night. What would have happened if you didn't pay their half.

 

[borassic]

I have no help, just wondering why you had to cover his half it isn't your fault someone vanished into the night. What would have happened if you didn't pay their half.

Both on the tenancy agreement but it stipulates that either/or are liable for the full amount. So if I hadn't paid their half they could still have chased me for it and with that no deposit would have come back to me either. Pretty shit place to be left in!

 

[Scottyboi]

Both on the tenancy agreement but it stipulates that either/or are liable for the full amount. So if I hadn't paid their half they could still have chased me for it and with that no deposit would have come back to me either. Pretty shit place to be left in!

Horrible that, I'm guessing it is the small claims route don't let the fucker off with it.

 

[Corky]

If the joint tenant quit without notice then I would have not paid their share and told the landlord to take it out of their deposit.

The landlord won't be able to do that if they are not in arrears. Also it is likely to be it in the Statutory Periodic period (after the initial AST term) so it is only one month's notice, so even if you did sue your ex flatmate it would only be for one month. If it is directed to the small claims court, it is more costs without guaranteeing they will ever pay it.

 

[Mr Kobayashi]

If the joint tenant quit without notice then I would have not paid their share and told the landlord to take it out of their deposit.

The landlord won't be able to do that if they are not in arrears. Also it is likely to be it in the Statutory Periodic period (after the initial AST term) so it is only one month's notice, so even if you did sue your ex flatmate it would only be for one month. If it is directed to the small claims court, it is more costs without guaranteeing they will ever pay it.

The most important thing to consider.

@borassic. Probably worth writing it off this time. If your flatmate just moved out, chances are he found somewhere else and won't have the money to pay his half, so you'll be chasing a lost cause.

 

[117 M34]

Don't think you have a leg to stand on.
The other party is always liable in a joint tenancy agreement if the other person moves out.
And the landlord can't give someone else's money to you.

 

[deano ou812]

What an utter scum bag fucking off then leaving you to pay rent and utilities then has the cheek to look half of the deposit,pity you couldn’t find out where he is now and go round and give him a slap or two the prick ..

 

[borassic]

The most important thing to consider.

@borassic. Probably worth writing it off this time. If your flatmate just moved out, chances are he found somewhere else and won't have the money to pay his half, so you'll be chasing a lost cause.

Back to Mums I think.

If the joint tenant quit without notice then I would have not paid their share and told the landlord to take it out of their deposit.

The landlord won't be able to do that if they are not in arrears. Also it is likely to be it in the Statutory Periodic period (after the initial AST term) so it is only one month's notice, so even if you did sue your ex flatmate it would only be for one month. If it is directed to the small claims court, it is more costs without guaranteeing they will ever pay it.

Thanks for this. I just assumed I would be liable to pay the rent (going off the tenancy agreement) and then have to forfeit my deposit too.

I was thinking best course would be to softly threaten Small Claims for the full amount or alternatively they can allow the full deposit to be returned to me, which is still significantly less than what's owed.

What do you think?