Rental Deposit Return

[Molemend]

Hello,

First post but considering the quick and informative reply received by many people on this forum I thought I'd post my problem.

Been renting a property for 10 months now, and have moved out and to a different property in the a different part of the UK. Our tenancy agreement is 11 months long and runs out on the 28th of July.

One of the other tenants has decided he wants to extend his tenancy by another month. The Landlord has then said that she is keeping the Deposits that the other 5 have paid until said tenant moves out. Now I am in need of this money for my new property. What can I do? Is she allowed to hold our deposits an extra month even though our contract ends on the 28th of July.

Thanks for your time

James

 

[Lease4Less]

What does it say in your tenancy agreement?

Obviously you will not anything back until after the 28th but I don't think the landlord is being unreasonable refusing to refund the deposits until everone has vacated.

 

[RCHumphrey]

I don't quite understand, if the contract expires on the 28th then you won't be getting anything back until then anyways, probably a week or so later by cheque. I don't think the landlord can keep your deposit for longer than that reasonably but it may depend on the type of contract you signed.

 

[abode]

Hello,

First post but considering the quick and informative reply received by many people on this forum I thought I'd post my problem.

Been renting a property for 10 months now, and have moved out and to a different property in the a different part of the UK. Our tenancy agreement is 11 months long and runs out on the 28th of July.

One of the other tenants has decided he wants to extend his tenancy by another month. The Landlord has then said that she is keeping the Deposits that the other 5 have paid until said tenant moves out. Now I am in need of this money for my new property. What can I do? Is she allowed to hold our deposits an extra month even though our contract ends on the 28th of July.

Thanks for your time

James

A lot of factors come into play - I'm presuming this is a shared property. Did you all sign separate AST's or was one?

Who's names are on the AST and who's name is the deposit registered under?

Is this a student property?

 

[Molemend]

I didn't expect to receive my deposit back till after the 28th of July any way. If I could find my tenancy agreement I would tell you. I will have a look when I get home. Just thought I'd generally enquire while I was at work. Good use of my time!

-RCHumphrey My tenancy ends 28th of July and one of the housemates wants to continue his tenancy on until 28th of August. The Landlord wants to hold all 6 tenants deposits until the tenant has left. Even though all of our agreements were signed for the 28th of July so we were expecting it back a couple of weeks after. Now because of this we shall not be getting it back until mid September earliest.

-Abode We all signed one document as I recall. We have one lead tenant thought. Yes how did you guess? Student properties never turn out to be easy!

Thanks

James

 

[abode]

I didn't expect to receive my deposit back till after the 28th of July any way. If I could find my tenancy agreement I would tell you. I will have a look when I get home. Just thought I'd generally enquire while I was at work. Good use of my time!

-RCHumphrey My tenancy ends 28th of July and one of the housemates wants to continue his tenancy on until 28th of August. The Landlord wants to hold all 6 tenants deposits until the tenant has left. Even though all of our agreements were signed for the 28th of July so we were expecting it back a couple of weeks after. Now because of this we shall not be getting it back until mid September earliest.

-Abode We all signed one document as I recall. We have one lead tenant thought. Yes how did you guess? Student properties never turn out to be easy!

Thanks

James

First of all make sure the deposit has been registered rather than the Landlord keeping it in his back pocket.

 

[Molemend]

It is held by a 3rd party company.

 

[tradecarbon]

We all signed one document as I recall. We have one lead tenant thought.

James

In this case the landlord does have the right to keep the deposit until end of August.

I think the five of you should have a chat with "friend" who wants to stay longer.

 

[Molemend]

He's not a friend... He's socially backwards, doesn't consider anyone else and what they need or want. He won't have any of it we tried speaking to him about it. If he wants to stay in the area its not like he hasn't got other places to stay like his girlfriends for example...

 

[deniser]

The rest of you need to make sure that the sixth person moves out at the same time as you and that the tenancy terminates on its end date.

If the sixth person wishes to make a new arrangement with the landlady from 28th July onwards then he should do that on his own.

Make sure the lead tenant instigates the return of the deposit through the scheme on the 28th July when the property has been handed back. On no account should the other five agree to the extension otherwise you might find yourselves liable for the whole of the extra rent until he goes.

 

[arcon5]

There are 6 parties to the contract, can the LL extend this lease based on the request of just 1 party, especially where a date is specified in the contract for the end of the lease..

I would argue if the tenant wishes to stay then that would form a verbal and independent contract between that person and the LL.

It could be worth your phoning the DPS to see if there are any time limits before you can lodge a dispute.

EDIT: Just realised the above poster has already said pretty much exactly the same. Will teach me for only scanning the thread.

 

[greenshaw]

First thing: Have you given your two months notice?

Also, check in your contract as to whether you automatically switch to a periodic agreement after the end of your tenancy. Legally deposits cannot be kept any longer than 10 days from when the tenancy ends without sufficient reason, which scheme is your deposit held with?

I get the impression that the property is rented privately without an agent?

 

[David A]

First thing: Have you given your two months notice?

Also, check in your contract as to whether you automatically switch to a periodic agreement after the end of your tenancy.

There is no legal requirement for T to give notice to end a fixed term - unless it is a specific term agreed in the tenancy agreement.

A periodic tenancy does not depend on the contract - it operates as a matter of law under the Housing Act 1988 as soon as the fixed term ends.

IMPORTANT
There can only be five parties to one side of a property contract. The OP needs to look at the agreement to see where he is named in the order of tenants. Hopefully he will find he is not the sixth, if so then he is not a tenant but a permitted occupier. It makes tenancies where there are more than five sharers legally pretty complicated. It is probable that the LL does appreciate this and won't have heard of it.

Although not required, I would suggest that those that want to leave at the end of the fixed term write to the LL and give notice (although in law just one of them needs to do this- but it can't be the sixth person only, as this won't count) - then make sure they leave at or before the end of the fixed term. This then terminates the contract. The one who stays will then have a periodic tenancy in his name only, and he will be liable for all the rent.

As soon as they leave, write to the LL asking for return of the deposit, copy the DPS into this.

 

[deniser]

There can only be five parties to one side of a property contract.

This is a good point except I believe it is four people rather than five. The four hold on trust for the six and should really have obtained an indemnity from the other two.

 

[David A]

This is a good point except I believe it is four people rather than five. The four hold on trust for the six and should really have obtained an indemnity from the other two.

Quite right!

That's what comes when posting after coming in from a good meal out including red wine, then finished with Drambuie and Cognac!