Deposit debate

[bbnd1979]

My mate is currently renting a house with a friend. His friend has decided to move out, and is asking for his share of the deposit back when he leaves. As my mate is staying on, the letting agent is not doing an inventory, and therefore there is no way of knowing what proportion of deposit would be returned.

His friend is causing a stink, saying he is entitled to his share of the deposit, but my mate (and I) disagree. His friend is the one choosing to move out, and therefore he will have to wait until they have both ended their interest in the house before they can establish return of the deposit.

Does anyone know where things stand legally? We think we're morally correct, but not sure if that's enough!

[Pippa68]

Is it a short rental term...6 or 12 months? I would have thought that the mate would have to wait until the end of the tenancy before getting his deposit back.

In the meantime, is your mate planning on getting someone else to share the house? if so, maybe the new sharers deposit can be used to refund the last tenant..in any case I reckon they will have to wait!

[bbnd1979]

It's a rolling 6-month contract, and Oct 31 is the end of the second term when his friend is moving out.

My mate's girlfriend might be moving in with him, but that could be in two or three months time. Either way, are the letting agents obliged to do any sort of inventory if the names on the tenancy agreement change?

Thx Pippa

[themas]

At present the tenancy is a joint one - A & B. B is moving out but so long as the tenancy does not change he is still a tenant and still has the rights and responsibilities of one (including responsibility to pay the rent if A does not pay it, and joint responsibility for dilapidations - which the deposit is to cover). Therefore so long as his name is on the tenancy there is no basis for him to have his deposit back.

If his name is removed, then there is a new tenancy with A as the sole tenant, or with A & C as joint tenants. As I see it, this is an entirely new contract and it is irrelevant that A is a tenant on both. The old tenancy has come to an end. A & B should both have their deposit back; an inventory should be done and any dilapidations paid for out of the deposit; A (or A & C) should pay a new deposit for the new tenancy.

[Pippa68]

I was hoping themas would reply :o)

themas has said exactly what I thought..although far more eloquently, and as they are a law expert I would rely on them for the proper info!

Hope it has helped you..good luck x

[bbnd1979]

Thx to you both - big help!