Joint Tendancy - Flatmate said would pay for damage in writing but will not

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    Joint Tendancy - Flatmate said would pay for damage in writing but will not

    I have a flatmate whom has broken an item within the rented property. He has said to me in text messages and to friends he would pay for the damages (of which I have screenshotted and same with others) however now as the tendency is ending he is not willing to pay and wants it to fall onto the security deposit and as its a joint deposit it would basically be both of us paying for it.

    If I was to take him to small claims court would I win this with this form of evidence? Is it in my best interests to pay for the damages so it does not fall upon the deposit and then take him to court to recoup my money?

    We have a joint tenancy agreement if that changes anything.

    Thanks for any advice provided.

    #2
    I suspect you would win if the texts say what you say they do, but depending on what the item is and how much it would be i would think it may not be worth it.

    Comment


      #3
      Would being in a joint tenancy bare any leverage from his side on this? The item for repairs is anywhere from 100-600 in repairs so unfortunately is worth perusing.

      Comment


        #4
        Who will the deposit be returned to?
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #5
          The deposit is joint so the money would be split and we'd acquire 50/50 half of whatever is left in the deposit.

          Comment


            #6
            If you are lead tenant L should return the whole of the deposit to you. You can then send him a fair share and leave him to sue you. Whatever the case it is no business of the landlord to sort out who owes what.

            Comment


              #7
              Unfortunately the deposit is held through the agency so there is no lead tenant.

              Comment


                #8
                Are you saying deposit was not protected. The protection certificate would usually state a lead tenant (or check online)

                Comment


                  #9
                  I called up the TDS scheme and they state there is no lead tenant.

                  Comment


                    #10
                    The reason for the main reason for there being a lead tenant is because if the joint tenants don't agree about the use of the deposit it all gets messy.
                    So decline the landlord's (expected) request that the damage be taken from the deposit.


                    If the agent is going to pay it back to you individually (see if the landlord is OK to deduct all of the damage from their half of the deposit).

                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment

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