Student Tenancy Agreement, Not Getting Deposit Back..

[KitKaat]

Hiya

So I moved out of my student house in June, been chasing to get the deposit back for ages. Now the landlord is saying the need proof of payment from the tenants as some payments aren't showing up (as people haven't paid). I have provided this proof on behalf of my own payments, however the landlord says by law she can't release my deposit as it was a joint tenancy agreement. Is this not why we filled out a guarantor form that if rent wasn't paid the guarantor was to step in. I understand we shared the house but all paid our rent separately. Do I not have any rights as a tenant? Any info that anybody has would be much appreciated. I intend to go to the CAB as soon as I can.

[factor-fiction]

I assume they are relying on a 'joint and several' liability clause in the agreement

[KitKaat]

No way around it?

[CokeTulip]

Kitkaat, How much did you pay them £...?

Is it a bond or a deposit to do with rent? This is important.

Need tenancy agreement to check this out so take it with you to advice session + anything else you have.

If a bond you should have had a certificate given to you by landlord a week or so after moving in and this would tell you where your bond is held. Some landlords dont want to be bothered but take a deposit !! or call it that but dont do the necessary.

Some tenants go with some rent owing but say things like - use my bond (deposit) for the last months rent. But we dont know this. Surely you would have all paid this so what did the others do - leave it (doubt it)?

Are you in touch with other tenants. Could be saying the same to them about you re- not having paid rent. (I'm cynical!)

Anyway the Council actually have an advice service (landlords and tenants) and may take this up for you (check out). They know most landlords and have Landlord lists approved by them so if this lot are cowboys - they are likely to know. I expect your Uni may also be able to advise you.

But - to get the right advice - need your docs.
If they took a bond and didn't hold it as they should and issue certs - they are in the wrong and you will be advised what the best option is.
CAB may refer you to Council specialists anyway. Some councils are better than others but you will need help to deal with this.

[Peter Pedant]

are you still paying rent ? You havent said you are responsible for rent when you arent there have you....
If you have ceased then it cannot be a joint tenancy because the term is different ( if the rent amounts are different then it is even better) - term here means length of tenancy

Check that it has been paid into a deposit scheme, and complain.

[KitKaat]

Well coketulip, the council actually took our property over as it turned out the original landlord had his HMO licence revoked. So the current landlord I spoke of is from the council. The years rent was around £3500 plus one months rent for a deposit. As it was the council that took us over half way through the year payments changed over to them, one of the other housemates just didn't ever pay them, the council landlord hasn't seemed to pick up on it (it's awkward I don't want to fall out with anybody but at the same time want my money back!)

I've been left to chase about people and do the dirty work! And as far as I know our deposits are in a protection scheme, how long are they kept for? Times slowly ticking away.. Also I don't have a full tenancy agreement just the front cover. The joys of being young and fooled into signing things we don't read read!

[bednobs]

i don't see how they can pay you part of the deposit back - for all they know the next one might come along asd say "well i paid 50% of the deposit, so i need 50% back"

[CokeTulip]

Interesting
.. Kitkaat,
the front page of the tenancy agreement (if it gives the landlord's details, address of property & amt of bond paid and confirms the rent - still may be enough for the purposes of getting bond back). Second page usually has signatures so leave that aside for now - you have part of it.

If bond is in a protection scheme that's good but! ex landlord should have given you a certificate stating where it is kept. (was that given to another tenant on behalf of all I wonder).

Anyway - if you can find out where kept - can contact them as any dispute about the bond is dealt with fairly by this co. and I think their say is final (and they are independent of landlord - reason for this set up in first place).

You will need to write to them/email asking for the matter to be resolved and your bond back. Do explain that you have been trying to sort since June.

It is your money so abit of investigating might just be worth it...see what you think.

To my knowledge the bond is returned when the tenant moves out and it is confirmed by landlord that the property has been left (as agreed) in good state as when rented out. (wording regarding this usually on tenancy agreement).

They may give you the benefit of the doubt on this and give you your bond. They are likely to have copies of what was agreed too.
(It is not your fault that landlord hasn't followed up with them and its still your money) Council can explain to them for you why that landlord is gone if needs be.

Fact that the landlord is gone under a cloud - that might be good as they are unlikely to be in a position anymore to argue with you.
Can you be held responsible for failure of new landlord to chase rent...and you'll need Council to perhaps acknowledge to this company that they are partly to blame and hopefully the Council give the go ahead for bond to be released to you in the circumstances (realising that they have no intention of chasing rent due from that one tenant)

Kitkaat - use your influencing skills and be confident - expect it to be resolved in your best interest. Good luck.

[KitKaat]

Thank you so so much!! I'm feeling motivated to get my money back :)