ex house mate refusing to release deposit joint tenancy

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  • westminster
    replied
    Originally posted by gemmaw View Post
    He gave a months notice to leave suddenly but before the end of the rental month so he owed a months rent which he refused to pay, he also had a problem with the letting agents he just didnt like them and refused to talk to them. He said they would take the rent out of his deposit which they actually confirmed with me.
    I stayed 20 days longer than him, gave my notice paid rent etc and left.
    After the fixed term expired, the tenancy became periodic, and when that happens only one joint tenant has to give notice to end the tenancy. It must give the LL at least one month, and also expire at the end of a rental period; the periods begin the day after the fixed term expired, regardless of the date rent is due. So, if the fixed term expired on 20th December, for example, and you paid rent monthly, the periods would run 21st - 20th of the month, and your notice would have to end on the 20th of the month.

    The letting agent contacted me after saying we are both liable for his missing rent £360 and £150 for cleaning his room
    I can only tell you the same as MTG. You are both jointly and individually liable for rent and any other liabilities under the contract, such as cleaning/damage. Legally, there is no such thing as a 'share' of the rent, or a 'share' of the deposit - that side of things is entirely up to you and your flatmate to sort out between you.

    However, if you agreed to go 50/50 with your flatmate, you can potentially issue a county court claim against him, via Money Claim Online. You'll need his home address, but you may be able to find him via a tracing service such as
    http://www.findermonkey.co.uk/people-searches
    (note this is not a recommendation, just a company I have heard of).


    i am unclear as to whether it is seen as one deposit of 2 halfs but in the charges break down they refer to his room as bedroom 2
    It is perfectly normal to refer to bedroom 1 and bedroom 2 etc. How else would you expect the agent to describe where the cleaning had to be carried out? It doesn't mean the property is split into sections for which you are/aren't liable.

    I'm not sure whether you're saying there is still some of the deposit owing to you, even after deductions? If so, raise a dispute with the deposit scheme.

    Leave a comment:


  • mind the gap
    replied
    Originally posted by gemmaw View Post
    I have a problem i hope you can help

    i signed a 6 month joint tenancy with a guy i knew for a flat but our friendship deteriorated due to his fussiness..when they 6 months was up noone from the letting agency contacted us to ask to resign so it just went to a rolling month by month..we both paid equal amounts of the deposit equaling £810. He gave a months notice to leave suddenly but before the end of the rental month so he owed a months rent which he refused to pay, he also had a problem with the letting agents he just didnt like them and refused to talk to them. He said they would take the rent out of his deposit which they actually confirmed with me.
    I stayed 20 days longer than him, gave my notice paid rent etc and left. t ex house mate did not clean his room or the fat, on leaving i spend 4 hours deep cleaning the flat but not his room which he left in a mess.
    The letting agent contacted me after saying we are both liable for his missing rent £360 and £150 for cleaning his room. I adviced that was his room and his rent but they say he has not given permission to take it out of his rent so is docking my part of the deposit also. The deposit is still with TDS 4 months later...i have seen my ex flat mate and he just laughed having moved and cchanged his number knowing noone can get in contact...

    what do i do? it is unfair for me to have to lose half my deposit for rent he did not pay and for his unclean room, i am unclear as to whether it is seen as one deposit of 2 halfs but in the charges break down they refer to his room as bedroom 2
    When you said 'they [i.e.the letting agents] confirmed with me', do you mean in writing? That would help your case.

    Even so, I'm afraid that in a joint tenancy you are indeed legally liable for each other's debts - that's what 'jointly and severally' means (it will say this in your contract). The concept of 'his rent' and 'your rent' does not exist in a joint tenancy, except in your minds if you pay separately. It would have been better, with hindsight, both to leave at the same time.

    How much in total are the LA demanding in unpaid rent (regardless of who you think owes it)?

    Leave a comment:


  • ex house mate refusing to release deposit joint tenancy

    I have a problem i hope you can help

    i signed a 6 month joint tenancy with a guy i knew for a flat but our friendship deteriorated due to his fussiness..when they 6 months was up noone from the letting agency contacted us to ask to resign so it just went to a rolling month by month..we both paid equal amounts of the deposit equaling £810. He gave a months notice to leave suddenly but before the end of the rental month so he owed a months rent which he refused to pay, he also had a problem with the letting agents he just didnt like them and refused to talk to them. He said they would take the rent out of his deposit which they actually confirmed with me.
    I stayed 20 days longer than him, gave my notice paid rent etc and left. t ex house mate did not clean his room or the fat, on leaving i spend 4 hours deep cleaning the flat but not his room which he left in a mess.
    The letting agent contacted me after saying we are both liable for his missing rent £360 and £150 for cleaning his room. I adviced that was his room and his rent but they say he has not given permission to take it out of his rent so is docking my part of the deposit also. The deposit is still with TDS 4 months later...i have seen my ex flat mate and he just laughed having moved and cchanged his number knowing noone can get in contact...

    what do i do? it is unfair for me to have to lose half my deposit for rent he did not pay and for his unclean room, i am unclear as to whether it is seen as one deposit of 2 halfs but in the charges break down they refer to his room as bedroom 2

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