Joint Tenants - 1 left - Deposit refund?

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    Joint Tenants - 1 left - Deposit refund?

    Asking this question on behalf of a family member who has got himself into a right pickle!

    Split with his wife - temporarily so it transpires as they are now back together. He stayed with a mate for a few weeks, then found another mate who was desperate to rent somewhere but couldn't afford on his own. They decided to share, found a house, signed up and moved in. Now reconciled with his wife and moved back home, my relative has discussed with his LL, who has agreed to allow him to break the tenancy if his portion of rent is paid until end of Feb, which he has done in advance, taken his belongings from the house, although has retained the key for the time being until end of Feb.

    However, he has now realised he paid a portion of the original deposit, which I assume he is entitled to claim back. His mate wants to continue tenancy and has approached someone else to share with from end of Feb. How does my relative get his portion of the deposit back? Should LL refund then get another amount from the new T, or should new T pay direct to my relative to save having to apply to DPS or wherever for release?

    #2
    Deposit is between tenants and landlord so your relative should claim it from LL.

    On a side note there is no such thing as "his portion of the rent". All tenants are jointly responsible for it, it is irrelevant to the LL how they sort it out as long as it is paid.

    Comment


      #3
      a joint tenancy is just that, it's the landlord letting the property to the two people as a pair. If one of them wishes to leave then the tenancy for the pair of them ends, the remaining tenant will need a new tenancy with his new housemate so deposit should be refunded in full then a new tenancy set up and deposit collected from the 2 new tenants.

      Comment


        #4
        Originally posted by Banger View Post
        a joint tenancy is just that, it's the landlord letting the property to the two people as a pair. If one of them wishes to leave then the tenancy for the pair of them ends, the remaining tenant will need a new tenancy with his new housemate so deposit should be refunded in full then a new tenancy set up and deposit collected from the 2 new tenants.
        I agree totally, but with the added possible complication that the tenancies may be
        • family member and friend; this tenancy is surrendered leaving just
        • friend; friend finds new flatmate so can either treat them as a lodger or another new tenancy
        • friend and new flatmate
        Every time the tenancy changes, the deposit should be refunded to the former set of tenants and a new one taken for the new set of tenants.

        Technically, the landlord should do appropriate inventories - but if he chooses not to, that won't be your family members problem.

        Comment


          #5
          Thanks for replies.

          I'm not sure what arrangement has been made with the LL about ending old and starting a new TA. As I said, the LL has agreed to let him out of the TA at end of Feb, so I guess LL will terminate the TA at that point and set up another for the others to continue. As for inventory, I think that is why my relative retained the key until end of Feb, so he can go back and verify everything is OK when his liability for the property ends.

          I'll tell him to make sure he confirms that deposit needs to be recovered from whatever scheme LL has used at that time.

          Thanks again for replies.

          Comment


            #6
            Originally posted by LesleyAnne View Post
            so I guess LL will terminate the TA at that point and set up another for the others to continue.
            From what we read on here, I would not presume this - I suspect LL will leave the tenancy agreement exactly as it is, maybe cross out a name and add another. Your family member may be expected to recover the deposit from his friend (who may or may not co-operate), or the new occupier may be expected to pay the deposit to him. Neither of the above are correct, but so long as your family member gets his deposit back, and has something in writing confirming his liability is over, then the mess will affect the 'friend' and 'new flatmate' more than your family member.

            Comment


              #7
              Thats what I was afraid might happen, hence my OP. I will try to make sure he gets hold of the LL again before the end of Feb and tries to get it done properly, as I doubt his mate will be too pleased to hand it over!

              Thanks again

              Comment

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