Retaining Bond Money from Landlords

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    Retaining Bond Money from Landlords

    Really hoping someone can help here, it's a bit of a long complicated story!

    In February (before I moved into the house) 2 of my now current flatmates lived there with one other girl, let's call her Jane. They had signed a tenancy agreement together, however Jane never paid any bond towards it. (She was friends with my flatmates and therefore the landlords trusted her).
    Jane disappeared just before myself and another girl moved into the house. When we moved in, the 2 existing flatmates signed a new agreement with us and their bond money was transferred over to sit with ours.
    After 3 months of living there, Jane had never paid any bond or any rent, and we can't find her so it's proving impossible for the landlords to get their money.

    We have all now moved out of the house and are trying to get our bond back. The landlords have told my 2 other flatmates that as Jane hasn't paid them anything, they are now going to take the money out of their bond.

    Can they do that?

    Probably. Generally in a joint tenancy, the tenants are 'jointly and severally liable'. This means that the landlords can recover money owing from any one or all of the tenants regardless of which of the tenant/s are at fault for the arrears.

    You should check the tenancy agreement for mention of this.

    Of course, your two other flatmates would be perfectly entitled to track Jane down and recoup their loss off her (if they could find her). This is why people should be very careful as to who they sign joint tenancy agreements with.


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