Shared tenancy deposit

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    Shared tenancy deposit

    Hi,

    I'm looking for some help with my tenancy that has just ended, in which I was sharing with 2 other people.

    When we moved in at the beginning of the tenancy we each paid a third of the deposit. Due to unfortunate circumstances, the situation with one of the other tenants has become 'less than amicable'.

    We have just been notified by the letting agent that the full amount of the deposit will be sent to this uncooperative tenant. Now, i've been reading this forum and others and realise that a lead-tenant is usually agreed upon when the tenancy starts, however not one of us agreed to have this person as the lead tenant.

    My question is... do we have any grounds to demand that the deposit be split equally and sent individually based on the fact that they have assumed this person as the lead tenant?

    If you need any further info please ask.

    Thanks in advance.

    #2
    Have you explained this to the letting agent?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Originally posted by peachy View Post
      We have just been notified by the letting agent that the full amount of the deposit will be sent to this uncooperative tenant. Now, i've been reading this forum and others and realise that a lead-tenant is usually agreed upon when the tenancy starts, however not one of us agreed to have this person as the lead tenant.
      Is this a joint assured shorthold tenancy which was created or renewed on or after 6th April 2007, in England/Wales, rent less than £2,083.33 per month? If so, is the deposit protected by a scheme, and have you checked who is named as lead tenant?

      Comment


        #4
        Originally posted by westminster View Post
        Is this a joint assured shorthold tenancy which was created or renewed on or after 6th April 2007, in England/Wales, rent less than £2,083.33 per month? If so, is the deposit protected by a scheme, and have you checked who is named as lead tenant?
        Thanks for the replies.

        Yes, the tenancy fulfils all the criteria you listed above and the deposit is protected by a scheme. The only thing that's questionable is the lead tenant. The letting agent is saying it is the tenant that is causing trouble, however we didn't agree to this. I didn't see anything about it in the contract either. Is there anywhere else it would be stated?

        @thesaint, we have discussed this with the letting agent but they are being pretty unhelpful and just say that the deposit must go to the lead tenant.

        Thanks again

        Comment


          #5
          There is no such thing as a 'lead' tenant. L's rights are against whomever the Letting Agreement names: whether 'the Tenant' is defined as one person or two/three/four people makes no difference in this context.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Originally posted by peachy View Post
            Yes, the tenancy fulfils all the criteria you listed above and the deposit is protected by a scheme. The only thing that's questionable is the lead tenant. The letting agent is saying it is the tenant that is causing trouble, however we didn't agree to this. I didn't see anything about it in the contract either. Is there anywhere else it would be stated?
            Check with the deposit scheme as to whether anyone is named as lead tenant on their records.

            Comment


              #7
              I suspect the person refered to as 'lead tenant' is the one whos name is first mentioned on the tenancy agreement. I know DPS insist on a 'lead tenant' being specified, they don't want to get involved in arguments between individual tenants as to who gets what. Details should be in the information given to you to confirm the deposit was protected - although, that may well have only been given to the 'lead tenant'.

              The group of tenants gave a single deposit, this deposit will be returned to whichever person was recorded as having paid it on behalf of the group. If he/she does not divide it as you agreed, then you will need to claim via www.moneyclaim.gov.uk

              Comment

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