Leaving at the end of contract in a shared tenancy – flat mates staying on. Deposit.

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    Leaving at the end of contract in a shared tenancy – flat mates staying on. Deposit.

    I am at the end of a three-year tenancy, sharing with two others. I am planning on leaving (and have confirmed this with the landlord and other tenants), but they are now going to stay for an additional period of 6 months.

    We will therefore have to pay for an inventory (according to the landlord), despite two of the tenants not leaving.

    There is another former tenant, who left some money in the deposit, as he left the tenancy early. He also needs his deposit money back.

    We have a slight conflict in that – the two remaining tenants do not want to pay for both an inventory and potentially damages, as well as then top-up their deposit back to the full amount.

    As far as I am concerned, I have fulfilled all of my obligations by staying until the end of my tenancy. I would like my deposit back, as I don’t want to be legally ‘attached’ to this property in any way.

    This is obviously expensive for the other tenants.

    What’s the correct thing to do here? The landlord is quoting £200 for an inventory, so I don’t want to pay the full cost myself!

    To all intents and purposes, I have completed the terms of my contract – so I am a bit confused what the next step is from here (landlord not providing helpful info).

    #2
    Are you in a fixed term (eg a new 6-month deal signed 5 months ago)?? or in a rolling, periodic, tenancy?

    If periodic then any one of the joint tenants can give notice which ends the tenancy for EVERYONE.

    You say you have told landlord you are "planning on leaving". That's not the same as giving unequivocal notice to quit.

    Please let us know if fixed term or periodic & answer
    http://www.landlordzone.co.uk/forums...ll-new-posters
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      I have given notice. The tenancy ends in 3 weeks – the others also gave notice to quit, but have now changed their minds.

      It is a periodic tenancy of 2 years (although we have actually been here longer than that).

      To the other questions:
      - The property is in England.
      - We have a shared AST with three of us as signatories.
      - Initial contract from 10/01/2014.
      - Initial contract period 2 years.
      - Rent is paid monthly.
      - We have paid a damage deposit.
      - No, the landlord does not live there.

      Comment


        #4
        In that case, as long as all three notices were valid & gave same expiry date then the tenancy ends: End of. If the remaining 2 want to stay & negotiate a new tenancy, maybe with other(s) that's for them to agree or not with landlord.

        Unless there was a clause in the original tenancy stating £200 for an inventory then you (& fellow occupants) don;t have to pay.

        In your shoes I'd leave before (even if only a couple of hours) before end current period,take LOADS of photos, ideally with a witness (even if other 2 stay) and you should be OK.

        Call Shelter 0808 800 4444 for advice if you want another viewpoint.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Great – thank you for the advice.

          Why would you recommend taking lots of photos?

          The landlord has said he is sending round a surveyor (reason not specified) tomorrow. I was wondering if this is something related to the deposit/an excuse to check the property?

          There is nothing wrong with the property (bar the usual wear and tear!).

          Comment


            #6
            What happens if the OP moves out but the landlord does not negotiate a new tenancy with the remaining two tenants before the expiry of the current one yet they stay on (i.e. no vacant possession at end of term). Does the existing tenancy carry on as periodic (i.e. with all three) or does it create a new tenancy with just the remaining two?

            How does this differ if they continue to pay in full, or in part or don't pay?
            Assume I know nothing.

            Comment


              #7
              Pittle, with regard to the deposit, are you the lead tenant?

              A friend of mine had issues moving out of a flat in exactly your circumstances and there were disagreements between her and the remaining tenants about who was liable for what. It would have made things a hell of a lot easier with regard to sorting out the deposit and deductions if she had been lead tenant.

              Also, does your contract make you liable for the price of the condition check at the end of the tenancy? If not, it's not for you to pay and any additional charges will be in relation to the new contract.
              Assume I know nothing.

              Comment


                #8
                I don’t think I am ‘lead tenant’ – we are all on the contract, although I have been the longest, I don’t think that would make me lead tenant?

                The complication with my housemates is just that: they do not want to pay for repairs, and then have to pay more into the deposit. Plus pay for an inventory when they are not moving anywhere.

                The landlord says we have to pay for it, but I am contesting that as it is not specified in our contract.

                I suppose typically the landlord would then go on to charge the new tenants for an inventory instead – but of course, this will be two of the current tenants!

                How did your friend resolve the situation? I can’t see a straightforward way without it costing the others in the flat.

                Comment


                  #9
                  You take photos so if there is a dispute over damage/inventory you have evidence:. You did leave 4 dining room chairs, the kitchen work surfaced were OK, the front door showed a scratch, just like the move-in inventory noted....
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    Originally posted by pittle View Post
                    I don’t think I am ‘lead tenant’ – we are all on the contract, although I have been the longest, I don’t think that would make me lead tenant?

                    The complication with my housemates is just that: they do not want to pay for repairs, and then have to pay more into the deposit. Plus pay for an inventory when they are not moving anywhere.

                    The landlord says we have to pay for it, but I am contesting that as it is not specified in our contract.

                    I suppose typically the landlord would then go on to charge the new tenants for an inventory instead – but of course, this will be two of the current tenants!

                    How did your friend resolve the situation? I can’t see a straightforward way without it costing the others in the flat.
                    It is in their interest that deductions are established now because any liability to date will be divisible between the three of you - rather than just two of them at the end of the next tenancy. There is no getting around the fact that the deposit shared between two is going to more than the deposit shared between three - so they will have to contribute more to make up for your share.

                    Lead tenant should be named on the protection certificate. My friend would have struggled but for the fact that the deposit had not been protected properly by the landlord so she managed to persuade them to compensate her directly for what had not been released by the housemates who had consented for the full amount to retained as deposit for their new tenancy (probably not much help to you, I'm afraid).
                    Assume I know nothing.

                    Comment


                      #11
                      They will be looking for a third tenant for my room – so there will be 3 x people on the contract and 3 x people putting a deposit in.

                      So, I suppose they will have to get another inventory (potentially with more deductions), in 6 months’ time.

                      I’m quite keen for us not to fall out – but I feel that as I am at the end of my term, I want to leave without complications / conflict etc.

                      We have already had to have quite a stern conversation about them finding a new tenant – as I do not see this as my responsibility (as it is their choice to stay, not mine).

                      All very complex!

                      Comment


                        #12
                        It is your friends choice to stay on and any expenses they incur are not your problem. The same as if the moved elsewhere without renewing. You are all on your own.

                        The landlord is trying it on charging 200 pound and I would refuse to pay this if as you state it is not written in your contract.

                        You are perfectly entitled to leave and have your deposit returned

                        The landlord would need to secure their deposit again regardless after You have leave as a new tenancy agreement will be created so I don't understand why there is any hassle at all.

                        It Stands to reason if your friends don't find another tenant then it will cost them more, but none of that is your problem

                        Comment


                          #13
                          I have read however that If the deposit was protected as one lump sum under the lead tenant then the deposit is returned to the lead tenant.

                          It is then up to that person to distribute it fairly. If they choose not to do this, the only action is county court.

                          Comment


                            #14
                            I'm interested in the OP's liability if he leaves at the expiry of their notice but the other two don't. Presumably, if the landlord accepts rent shortly after that from the remaining two, then a new AST is created with those two tenants. However, if the landlord informs them that they are holding over and that he intends to pursue them for a sum equal to double rent under the Distress for Rent Act, does the OP have any liability at this point?

                            Comment


                              #15
                              I think not DPT, but not 100% sure
                              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                              Comment

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