Joint tenancies

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    Joint tenancies

    Hi, I was wondering if you could help me with a problem.

    We started off with a 6 month short hold tenancy, with two tenants and one co-habiting. After 6 months, I moved out and the other two stayed on and renewed the tenancy. We believe this to be a new contract, what are my rights in regards to my deposit?, as the real estate agency has told me it has been carried over into this contract, and I would have to arrange with the tenants to be repay me themselves.

    Any help would be greatly appreciated

    #2
    Originally posted by kippy11 View Post
    Hi, I was wondering if you could help me with a problem.

    We started off with a 6 month short hold tenancy, with two tenants and one co-habiting. After 6 months, I moved out and the other two stayed on and renewed the tenancy. We believe this to be a new contract, what are my rights in regards to my deposit?, as the real estate agency has told me it has been carried over into this contract, and I would have to arrange with the tenants to be repay me themselves.

    Any help would be greatly appreciated
    Yes, it is a new contract. Assuming your tenancy was a joint one, the original deposit should have been protected (assuming tenancy began after April 06) as the joint deposit for the joint tenancy to which you were party. When that tenancy ended, the whole deposit should have been released to you and your co-tenant (or to whichever of you was named as Lead Tenant for deposit protection purposes), not held over for the new tenancy which was then begun. That is totally irregular.

    The agent should have known this - it's pretty basic stuff.

    Given that it was held over, the simplest option for you is for the new co-tenant to pay you whatever you paid towards the joint deposit, although that could prove problematic, as the wrong names would still be on the DPS account.If the new co-tenant will not pay you your deposit back (have you asked?), you and your former co-tenant will need to apply for it to the protection scheme, pointing out that your joint tenancy has ended and that you are requesting your deposit back.

    Was the original deposit protected and if so, who was the Lead Tenant?
    '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

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      #3
      Thanks so much for your reply,

      the deposit was protected and the lead tenant was my house mate

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        #4
        And are you still on good terms with him/her? Good enough to persuade him to claim the deposit back from 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

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          #5
          No not really I'm afraid and definitely not enough for them to claim it back

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            #6
            Originally posted by kippy11 View Post
            We started off with a 6 month short hold tenancy, with two tenants and one co-habiting. After 6 months, I moved out and the other two stayed on and renewed the tenancy. We believe this to be a new contract, what are my rights in regards to my deposit?
            Were you one of the two named joint tenants on the original 6 month contract?

            If so, did you give notice to end the joint tenancy, or just move out on the last day of the fixed term?

            Are you named as one of the joint tenants on the 'renewal' contract?

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              #7
              I just moved out on the last day of the fixed term,I was one of the joint tenants and I'm not a tenant on the renewal contract

              Thanks again for all your help

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                #8
                Has a new tenancy actually been signed between the landlord & your former flatmates? Or has your original tenancy simply continued as a Statutory Periodic Tenancy?

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                  #9
                  Ah - I was assuming it was a new contract as OP said it was 'renewed'. You may well be right, Snorkerz - and if it was simply allowed to run on as an SPT, then OP is in an even more vulnerable situation.
                  '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

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                    #10
                    I think it sounds like a new contract with new Ts *was* signed, in which case kippy11 should be okay insofar as he/she could, if necessary, argue that, even though the original tenancy wasn't formally ended by notice, it has been surrendered by operation of law, i.e. the actions of all parties, both original tenants/LL, would support this interpretation.

                    @kippy11, I would try contacting the deposit protection scheme to ask whether you can start a dispute even though you were not the lead tenant.

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