deposit and neding tanancy.

Former Member

I paid the deposit for a tenancy sharing with another person. i am now wishing to leave the proprty, but am unsure if the other person wishes to leave at the same time.

what are my rights in terms of getting the deposit back, being that i paid the full amount for it?

Former Member

Hey there,

Thanks for posting your question on theSite’s boards.

You would like information about getting your deposit back which you paid for this joint tenancy.

Ending a joint tenancy can be problematic as it woud depend on whether you are in the fixed-term or in a periodic term. Before you leave, discuss with the other tenant what their wishes are. If they want to stay, your landlord can issue them a new tenancy, either by finding another person to stay with them or paying the extra rent themselves.

You cannot end the tenancy in the fixed term unless the landlord agrees (surrender), or there is a break clause in the tenancy agreement. In the periodic tenancy, you can end the tenancy without the agreement of the other joint tenants, but your landlord must be given written notice and there are special rules about how and when this must be done.

It is important to remove yourself from the tenancy when leaving the property, as you don’t want to be liable for rent once you have left.

In terms of getting your deposit back; was your landlord aware that you paid the full amount? Or did they think it was half from the other tenant and half from you? Normally, landlords will just take one lump sum from joint tenants as the deposit, with the lead tenant being responsible? Are you the lead tenant?

In this situation it would be better if your landlord returned the deposit to you, and then began a new tenancy agreement with the remaining tenant and whoever else moves in. The landlord can then take a new deposit from them for the new tenancy agreement.

You would have to speak to the landlord about this to see what the position is.

It is also important to remember that if you have an assured shorthold tenancy that began after 6 April 2007 then you landlord is obliged to protect it under one of the 3 tenancy protection schemes. If your landlord did not do this, you can make an application to the County Court for 3 times your deposit back (Housing Act 2004).

If you need any further advice you can speak to one of Shelter’s housing advisors on 0808 800 4444. (8am-8pm Monday-Friday and 8am-5pm Saturday-Sunday)