Joint Tenancy Ends LL only keeps one tenants deposit

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    Joint Tenancy Ends LL only keeps one tenants deposit

    Here's one for you all..

    A friend of mine (Tenant A) started an AST on 29 April 06 with a colleague as co-tenant (Tenant B) on the same AST. Rental £750 LL lives in flat opposite in same building. No inventory was disscussed, carried out or signed prior to the start of the Tenancy either by the Agent or LL.

    They placed a joint deposit and month in advance of £1500 with Agent, but no indication whether Agent was holding as Stakeholder or Agent.

    Late September approx. 24th a mutual friend was having personal problems so they said she could stay till she managed to sort herself out. Guest did not contribute to rent or utilities, only food, never had any post delivered there and never had her own key, borrowing one of the tenants.

    They told the LL what was going on and intially LL was OK with this but several days later wrote an unaddressed and unsigned letter saying both tenants were in Breach of Contract because they has "assigned or Sublet the property" and if the Guest was to remain they would have to sign a separate Tenancy Agreement and pay additional rent.

    Tenant A and guest were initially considering taking on new AST after the fixed period, with Tenant B moving out but they couldn't afford the rent. So Tenant B decides to stay and get in someone new, with Tenant A and Guest finding somewhere cheaper and moving out today 28th October (end of fixed term)

    (hope you're with me thus far )

    LL delivers hand written note to Tenant A only saying that check out would be carried out on 29th after the tenancy had ceased and that this was common practice. She also said that if there were any damaages it would be deducted from Tenant A's half of the deposit and also that she would be deducting £100 for the alleged Breach of Contract. There was no mention of splitting the costs between both tenants albeit Tenant B is staying on.
    Apparently she no longer uses the Agent.

    Best advice please ? !! I know what I think but I could be wrong ...

    Also Tenant B has new flat mate moving in today. Tenant A is loathe to hand over keys till check out has been done, but if this doesn't happen till tomorrow will she automatically create a periodic tenancy by retaining the keys?
    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

    #2
    Needless to say the £100 charge is completely unenforceable.

    With regards the deposit, the tenancy has now ended. Therefore, a "check out" should be done, and any deductions taken equally from both deposits, and then returning what is left of Tenant A's to him. The landlord should then request the amount of the deduction from Tenant B's deposit from him, in order to bring the deposit back up to the original level. However, this part can be dealt with as the landlord and tenant left wish, there are other ways to do it. But, Tenant A can only have half of any damage deducted from his deposit.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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      #3
      That's what I thought, Mr Shed but thanks for the clarification
      Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

      Comment


        #4
        Just come across this thread:

        Note in the first post it said
        Originally posted by Pippay
        No inventory was disscussed, carried out or signed prior to the start of the Tenancy either by the Agent or LL.
        I can't see how the landlord can deduct anything from either tenant because where is the proof?
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

        Comment


          #5
          Thanks ... I thought as much so I wrote one of my "special" letters politely pointing out to the LL the error of her ways and she didn't even attempt to withhold the deposit and never mentioned the alleged "breach of contract " again .. so it's all sorted now.

          But if it hadn't been for this site, and the invaluable information provided by yourself and the many other experienced and scrupulous LL's (and tenants) on here I would never have known and would have been unable to help my daughter's best friend.

          Originally posted by Paul_f View Post
          Just come across this thread:

          Note in the first post it said I can't see how the landlord can deduct anything from either tenant because where is the proof?
          Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

          Comment

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