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joint tenancy - is this legal???
BillieTheBot
Posts: 8,721 Bot
me and my flatmate have a joint tenancy. our tenancy ends 7th april and im moving out the weekend before.
my flatmate has found someone else but this person hasn't even been to the letting agency yet to give them her details. this worries me.
i popped into the letting agency and apparently because we are in a joint contract, they need notice off both of us. is this right? i only signed a contract for a set period of time. just seems weird. if my flatmate never wants to leave and is awkward, how is it right that i have to carry on paying rent? potentially, it means i could be stuck with her forever!!!
im just worried because if something goes wrong and this girl doesn't replace me, im still going to be liable to pay rent. i spoke to my agency and apparently, we automatically go onto a rolling contract when tenancy ends so until they get notice off us both, im fucked. it says nothing about a rolling tenancy in my contract though and i told the letting agency myself i was leaving ages ago.
also, another thing, our deposit is covered under the deposit protection scheme. its £700 so funnily enough, i want my share back. i am the lead tenant. the letting agency is saying "just get the new girl to give you the money and we'll swap names over". ive read on their website this isn't possible. im worried because we have our inspection next week and no doubt, they will try and screw us over for money as thats what letting agents do. if i have to take money off this new girl, i wont get much at all as my flatmate will get it first (as she knows her). we dont get on at all so i know she will be a bitch about it.
is it possible to get my deposit back? afterall, if everything goes ok with this girl, it will be a new tenancy agreement they are signing and surely a new deposit thing will have to be done for the new tenancy agreement and for the new tenants. i dont want my name left on it.
advice please???
my flatmate has found someone else but this person hasn't even been to the letting agency yet to give them her details. this worries me.
i popped into the letting agency and apparently because we are in a joint contract, they need notice off both of us. is this right? i only signed a contract for a set period of time. just seems weird. if my flatmate never wants to leave and is awkward, how is it right that i have to carry on paying rent? potentially, it means i could be stuck with her forever!!!
im just worried because if something goes wrong and this girl doesn't replace me, im still going to be liable to pay rent. i spoke to my agency and apparently, we automatically go onto a rolling contract when tenancy ends so until they get notice off us both, im fucked. it says nothing about a rolling tenancy in my contract though and i told the letting agency myself i was leaving ages ago.
also, another thing, our deposit is covered under the deposit protection scheme. its £700 so funnily enough, i want my share back. i am the lead tenant. the letting agency is saying "just get the new girl to give you the money and we'll swap names over". ive read on their website this isn't possible. im worried because we have our inspection next week and no doubt, they will try and screw us over for money as thats what letting agents do. if i have to take money off this new girl, i wont get much at all as my flatmate will get it first (as she knows her). we dont get on at all so i know she will be a bitch about it.
is it possible to get my deposit back? afterall, if everything goes ok with this girl, it will be a new tenancy agreement they are signing and surely a new deposit thing will have to be done for the new tenancy agreement and for the new tenants. i dont want my name left on it.
advice please???
Beep boop. I'm a bot.
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I don't know for sure, but i would assume that if you're tenancy agrrement ends in April you are no longer liable for rent if you move out.
the agency are actually charging the new tenant £150 for referencing and credit check fees. what a rip off. especially as they are trying to get out of sorting out the deposit.
its just worrying me lots and lots. just want the next few weeks to be over! argh!
http://forums.moneysavingexpert.com/showthread.html?t=1450821
Can't find anything relating to your share of the deposit, but you need to tell the person(s) you share with that their agreement will be void once you've left. It was a joint tenancy and as you've left the contract is broken.
What does your contract say?
the letting agency told me that they need notice off both of us. we don't get on though and she doesn't want to move which means potentially, if the agency is right, i could be liable to pay rent for as long as she wants to stay here.
Bollox. When you hand in your notice, the contract is ended. The contract was joint, one party is leaving so the contract is broken. That's what SHelter say.
I think however seen as it was a joint tenancy, they should be able to swap it solely into her name and maybe then into the new tennant if they arrive...
i think they may have you on the deposit though...if this other person doesnt stump up a deposit for whatever reason then the deposit is half what it should be....
im sure someone with more practical advice will be along soon enough, but thats the way i saw it...
'Dear <me>
Deposit Protection Service (DPS)
Thank you for your recent enquiry regarding the DPS.
At the end of the tenancy you must complete the Joint Repayment Process with your agent, it may be advisable to claim your half of the deposit and let the agent retain the other half as they will need to resubmit this deposit once the new contract has been signed.
The Joint Deposit Repayment process can be initiated by the agent/landlord or the sole/lead tenant.
Either party can go online at www.depositprotection.com and initiate the joint claim. An agent/landlord or a sole/lead tenant can do this by logging in to their account and selecting ?Request a Repayment?. The onscreen guidance will take you through the process of initiating a repayment. The DPS will then send a notification to the other party advising them to either log in and respond to the claim or to fill out a paper form sent to them.
Alternatively, either party can request a Joint Deposit Repayment claim form by calling The DPS on 0870 7071 707. Both parties (agent/landlord and the lead/sole tenant) should try to agree on the distribution of the repayment (either online or on paper) before completing the claim. This will ensure a speedy return of the deposit.
It is not possible to change names with the DPS and the DPS would not recommend accepting half the deposit from the incoming tenant as you should be entitled to interest.
Kind regards '
just wish i knew where i stood with tenancy now! lol.
Therefore if you want to 'get out' of the tenancy then you both have to serve notice
A bitch I know but its a risk you run in JT
You don't know what you're talking about.
Only one person has to finish the tenancy.
Just been thinking about this, and you could be right, although not perhaps for the reason you think.
As this tenancy is one of implied renewal if you serve a notice of severance it won't serve to sever the tenancy (you need the consent of both parties to do that) but will act to show you do not wish to continue the tenancy @ renewal and therefore the tenancy will not be renewed as regards yourself
this is just my luck.
i have moved out. my tenancy ends this week.
the girl who was meant to be moving in has dropped out despite paying the agency £150 in reference fees, etc. she hasn't signed a contract yet but the inspection and everything has been done on my flat.
the agency KNOW i have moved out.
anyway, next rent payment is early next week. my flatmate has been told that if it isn't paid (which is wont be as i cannot afford to pay for another months rent, im paying my boyfriend rent now) she'll be evicted. how soon would she be evicted?
also, we've been told that we are getting £620 out of our £700 deposit back. if she gets evicted and stays for say another 14 days, we won't get it back will we?
im gonna end up losing £310 which i really really need right now aren't i? :crying: