Legal Advice - Tenancy

borassic said:
Back to Mums I think.


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?
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If the landlord put the money in a secured deposit scheme (which he should have done by law). He won't have the option to give you the deposit.

You could ask the tenant to transfer the money to you afterwards and waive the money "owed" but he doesn't have to agree to it and he could always agree and not do it.

Do you know if your former housemate has a car that an enforcement officer could threaten to seize or any valuable items ?

But all of that costs money to issue the claim and pay for it to be enforced.

For the sake of one month it's probably better to write it off and going forward get a flatmate agreement in place.
 
borassic said:
Back to Mums I think.


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?
Click to expand...
I have never come across a joint deposit in two names, I would check whose name it is in, in the first instance and the scheme.

If it is in the other tenants name I would be arguing you took over as lead tenant as he abandoned and take it up with the relevant deposit scheme. If it is in your name it should be returned to you so challenge that too.
 
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The law plus anything used as evidence such as a tenancy agreement is what you need to consider.

I know a little about housing but not enough to suggest what to do. See a pro.
 
Corky said:
I have never done it but I don't think they can half the deposit and it will be in one of your names not both?
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That's what I was thinking as well. I put my bank details on the deposit scheme for it to be returned to me but apparently (agency said) we both need to give acceptance of any deductions before it is released. Flatmate has told the agency said they won't give that acceptance, it'd then go back to the deposit scheme for dispute who would split it equally.

I wouldn't mind if this was £400-£500 but we're talking close to £2k.
 
borassic said:
That's what I was thinking as well. I put my bank details on the deposit scheme for it to be returned to me but apparently (agency said) we both need to give acceptance of any deductions before it is released. Flatmate has told the agency said they won't give that acceptance, it'd then go back to the deposit scheme for dispute who would split it equally.

I wouldn't mind if this was £400-£500 but we're talking close to £2k.
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That doesn't sound right, they should deal with you then. Agencies often haven't a clue and mess things up.
 
ive some experiance of the firms who run these deposit schemes. Im guessing its two accounts set up and you both paid in 50:50. In that case its very unlikely you will see that money. The landlord could make a claim but hes not out of pocket, they wont ever release money to you. Its a very simple system. Money in - money back less what a landlord can claim and resolution of any issues.

If you paid in 100% then should be easy to get it all back.
 
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