Deposit refund on joint tenancy question

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Deposit refund on joint tenancy question

    Hi,

    New on here and hope someone can help.

    Myself and one other were both named on and signed a tenancy agreement. After more than six months my flatmate wanted to leave and we contacted the LA and LL. I was staying on and wanted to get a new agreement in just my name.

    When I went to the LA to sign up I expected to make up the half of the deposit that I thought my flatmate would have taken back. Instead they told me that they had paid the whole of the deposit back to my flatmate and it was down to me to trace them and get it back.

    The reason given for paying the whole deposit back to my flatmate was that their name was first on the agreement.

    Is it not the case that the deposit should be returned 50:50 unless instructed otherwise? Is there not a duty of care upon the LA to check how the deposit should be returned?

    Any help would be appreciated so I know how to progress,

    Thanks.

    #2
    I always get it in writing from joint tenants how they want the deposit split and your agent should of really done this.

    Are you still on speaking terms with the other tenant? If so ask them for the money and tell the agent they will have to wait for it until you get it back as they really should of checked with you first. Do pay them the 1/2 though.

    Comment


      #3
      It is my understanding that with a joint tenancy deposit the money can be returned either to each tenant individually if they supply their bank account details) or to one named 'lead tenant' who is assumed to be trusted by the other(s) to divide and distribute the deposit fairly when it is returned to him by the scheme.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        I can't speak for the other schemes but I know the DPS hold a deposit in just one name - the 'lead tenant' and they are the person whom the DPS will deal with. You should have been mentioned on the paperwork as an additional tenant.

        So far as a 50/50 split is concerned, if you can PROVE you paid 50% then you could try and reclaim it through the courts - but without proof you'd be wasting your time.

        Comment


          #5
          Yes - on reflection, I agree that the 'lead tenant' thing is what the DPS do. My daughter and 2 friends shared a flat on a joint AST this year and they had to supply their individual account details to the protection scheme (mydeposits? I think), so that their indiviually paid deposits could be returned.

          Having said that, they are still waiting for their deposits to be returned. The tenancy ended on 25 June. The LL is a property company who act as their own agents. When pressed as to when the deposits would be released, the answer came back that the woman who dealt with it had gone on holiday and that as result they had decided to 'give themselves until the end of July to sort out the return of deposits' as it was 'lower priority' and they were very busy.

          I feel a trip up to Stockton with a bucket of cold porridge, coming on.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            Originally posted by mind the gap View Post
            one named 'lead tenant' who is assumed to be trusted by the other
            If there are two names on the contract is this assumption based purely upon whose name came first on the list? Or is there some other criteria by which this this measured?

            Comment


              #7
              Originally posted by Snorkerz View Post
              So far as a 50/50 split is concerned, if you can PROVE you paid 50% then you could try and reclaim it through the courts - but without proof you'd be wasting your time.
              Do you mean proof of paying it (half of the deposit) to the LL or my flatmate?

              BTW, thanks to all for the feedback

              Comment


                #8
                Originally posted by GW123 View Post
                If there are two names on the contract is this assumption based purely upon whose name came first on the list? Or is there some other criteria by which this this measured?
                Which scheme was your deposit protected with (there are three)?
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #9
                  Originally posted by GW123 View Post
                  Do you mean proof of paying it (half of the deposit) to the LL or my flatmate?

                  BTW, thanks to all for the feedback
                  I think either would suffice to prove you paid half the deposit.

                  Comment


                    #10
                    Originally posted by mind the gap View Post
                    Which scheme was your deposit protected with (there are three)?
                    I will check this but as for my previous question ref. how is the lead tenant decided? Is this purely based upon whose name was first on the agreement?

                    Comment


                      #11
                      Originally posted by GW123 View Post
                      I will check this but as for my previous question ref. how is the lead tenant decided? Is this purely based upon whose name was first on the agreement?
                      No, when the deposit is first protected, the tenants should be asked to nominate which of them will be the lead tenant for deposit protection purposes and their full contact details (as well as the names and addresses of the other tenants) should be given to the scheme. The scheme should know who is a party to the tenancy but will correspond/communicate just with the lead tenant for admin. purposes.With our student tenants, this is usually the one whose mobile phone works more of the time than anyone else's. The idea with a joint tenancy is that everyone should know each other and trust each other and in particular, to trust the lead tenant not to run off to the Bahamas with the deposit money. Sadly, with shifting populations of supposedly joint tenants in some HMOs, this is not always the case.
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                      Comment


                        #12
                        Have you got a copy of the perscribed information that you signed when you enter the property?

                        On ours we have a section to complete which states who the deposit was provided by....

                        So tenant 1 . supplied x amount
                        tenant 2. supplied x amount

                        The deposit is released according to this. We also insist that in such cases the tenants pay amount individually. And of course sign to agree.

                        So did you sign the perscribed info?
                        did you pay your deposit direct?

                        Comment


                          #13
                          Originally posted by Springfields View Post
                          So tenant 1 . supplied x amount
                          tenant 2. supplied x amount

                          The deposit is released according to this.
                          I bet that causes fun when deductions come into the mix!
                          So did you sign the perscribed info?
                          They may have done, but to avoid alarming OP we should make it clear that this is your process, and there is no legal requirement for Prescribed Information to be signed.

                          Comment


                            #14
                            Originally posted by Snorkerz View Post
                            I bet that causes fun when deductions come into the mix! They may have done, but to avoid alarming OP we should make it clear that this is your process, and there is no legal requirement for Prescribed Information to be signed.
                            I'm afraid we have different views about pescribed info

                            The same penalitiies apply as if the deposit has not been protected

                            No we do not have issues with the deposit - it works well .....Each TT has responsibility for their room and joint responsibility for communal (unless responsibility is claimed by one party).

                            Comment


                              #15
                              Could we agree at least to call it prescribed information?
                              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X