Two tenants, one leaves, landlord refuses deposit refund

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    Two tenants, one leaves, landlord refuses deposit refund

    HI Everyone,

    This is my first post - i have read a little of the forum and hope this is the right section.

    im sorry now if this turns out to be a long post but i really am at a loss as what to do.

    Back in the end of June 06 i and a "friend" (now ex friend) signed a 6 month contract for a house. when the 6 months came to an end i said to the friend i wanted to move out - he had said to me thats fine and his sister will move in and take my place.

    All fine and dandy there... well so i thought!!!

    I have been in contact with the landlord - it turns out it was a 6 month contract with a month to month thigy at the end. and it needed boht of us to cancel it not just me! He is refusing to give me back my depost back and due to the Friend and his sister not paying rent for the past 2 months he wants to take me to court for the unpaid rent.

    Where do i stand???

    (ps sorry for the bad spelling - im in work and am not ment to be online)

    Jemma

    #2
    I am pressuming that you didn't inform your landlord that you were moving out and someone else was moving in. If that is indeed the case then you would still have a binding contract with the landlord.
    I would suggest you speak to your ex. friend ASAP to sort this one out, as if the landlord goes to court and wins, then you could still be jointly liable.

    Communication between you, Ex. Friend & Landlord is a must here!

    Comment


      #3
      Originally posted by Colincbayley View Post
      I am pressuming that you didn't inform your landlord that you were moving out and someone else was moving in. If that is indeed the case then you would still have a binding contract with the landlord.
      I would suggest you speak to your ex. friend ASAP to sort this one out, as if the landlord goes to court and wins, then you could still be jointly liable.

      Communication between you, Ex. Friend & Landlord is a must here!
      I did inform the landlord i was going to move out - he wanted me and the ex friend to sign new contracts. The landlord knows the friend and his sister are living there.

      The landlord wanted the sister to give me her depoist in sted of him giving me mine and taking hers (make sense???)

      The ex friend wont pick up the phone or reply to messages.

      My real problem is my new landlord is going to ask me to leave on the 30th if i still havent paid my depoist (i need my old depoist before i can pay the new one) the old landlord has told me i can move back in tot he house untill the notice is served but that defects the whole opject.

      Jemma

      Comment


        #4
        Did you inform the landlord in writing that you were moving out?

        Comment


          #5
          Originally posted by Colincbayley View Post
          Did you inform the landlord in writing that you were moving out?
          Errrmm..... no. we where speaking on the phone.

          Comment


            #6
            Is'nt hindsight such a wonderful thing!

            My best advice is still to speak to your ex.friend ( it might not be easy, but it has to be your best option ) as wheather you like it or not, you are both still in it together.

            If you signed a joint agreement with your friend, and you haven't given notice to end that agreement, then you are still liable.

            A good landlord would have made sure that this was the case with your AST ending and a new one being created for your friend & sister.
            But if the never put your notice to quit in writing, how could you convince a court that this was your intention?

            At the end of the day, the landlord will want his rent, and with a joint agreement he can chase either you, your friend or both of you for his money.

            One question, if your friends sister was going to give you your part of the deposit, why have you left it so long without getting it?

            Comment


              #7
              Originally posted by Colincbayley View Post
              Is'nt hindsight such a wonderful thing!

              My best advice is still to speak to your ex.friend ( it might not be easy, but it has to be your best option ) as wheather you like it or not, you are both still in it together.

              If you signed a joint agreement with your friend, and you haven't given notice to end that agreement, then you are still liable.

              A good landlord would have made sure that this was the case with your AST ending and a new one being created for your friend & sister.
              But if the never put your notice to quit in writing, how could you convince a court that this was your intention?

              At the end of the day, the landlord will want his rent, and with a joint agreement he can chase either you, your friend or both of you for his money.

              One question, if your friends sister was going to give you your part of the deposit, why have you left it so long without getting it?

              So should i put a letter in the post to the landlord stating "following from our converstion i wish to cancel" type thing???

              I haven't i have been chasing but i keep being fobed off. this is why i am on here, i really need to get this sorted.

              Thanks

              Jemma

              Comment


                #8
                As I said, Communication is the key here.

                Speak to the Landlord and find out the full in's & out's of what has happened since you left the property ( keep it friendly ! )
                If you friend didn't not give notice to quit the property, then do so now, in writing and make sure you keep a copy.

                You and your friend will then be jointly liable to pay the rent up until the end of your notice period. If this is not paid, then you could find yourself being taken to court and this could cause problems for future credit/tenancies.

                The landlord could pursue either or both of you for the full amount owed if it was a joint tenancy.

                I am afraid, that if your friend doesn't give a monkey's then you could end up footing the bill !!!!! Although you could always then take your friend to the small claims court for there part.

                Your options are limited, you can either tell the landlord to get knotted and risk being taken to court, you can settle the rent yourself and then if you wish pursue your friend, or you can try and speak to your friend now and sort out as best you can.

                As for giving notice to quit, all you need to do is write a letter to the landlord saying you are giving one months notice to leave the property.

                Comment


                  #9
                  A tenant can leave at the end of the fixed term without having to give notice.

                  As long as you did not stay over the 6 month term..at which point the tenancy becomes periodic, in which case one months notice ending on a rent day becomes the normal notice.

                  You verbally warned the LL of your departure. Its possible that a new tenancy was created at the end of the 6 month fixed period, which you are no longer a party to.

                  Technically when one tenant gives notice, the tenancy ends whether to second tenant stays or leaves. Its ashame you didn't give the right form of notice (written). But the fact that you may have left before the end of the fixed term may give you hope.

                  You can contact shelter for advice too.
                  All posts in good faith, but do not rely on them

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