Flatmate wants her deposit back 2 weeks before she moves out? Expects me to pay it, AIBU?

[anothereffingnamechange]

Flatmate is moving out. I want to stay on in the flat, but need to find a new person to rent with. Flatmate currently going apeshit because she wants me to give her her deposit now 2 weeks before she leaves and then reimburse myself off the new person at the end of the month. She needs the deposit now to put down on the new place she has found.

I've never been in a rental where I got my deposit back before moving out? Surely it doesn't work this way? I can't afford to pay her out of my own pocket easily, but AIBU?

Nope.
Her problem.

Is the deposit in the tenant deposit scheme?

of course it doesn't work like that. Tell sweetybumps to go read the 'how to rent' guide and then go blub to the landlord. This isn't your problem unless you ARE the landlord.

yes, it does mean an overlap period when you need to find a new deposit but don't have the old one back, but that's life.

Is it your flat?

No, you're not being unreasonable. She is. What if she breaks something in the next two weeks? She's being ridiculous.

She's nuts. Deposit is the cover any damages, who knows what they'll be until she's gone. Is she breaking the lease?

Yanbu. Surely it's up to your LL anyway?

Is the deposit in the secured deposit scheme? I'm guessing she wants you to pay her her share of the deposit then ask a new flatmate for a deposit to replace it?

Not your circus, not your monkeys. In fact, nothing to do with you at all. Tell her to plead her case to the landlord.

No I'm not the landlord!

Deposit is in a scheme. Flat is rented through a big notorious chain of estate agents, they are useless and don't seem to have put her straight when she called them.
She also is threatening not to pay any rent for January now. I'm worried now that I will end up being thrown out because I can't pay her rent and mine and why should I?

Tell her you won't see a penny of the new tenant's deposit so you cannot lend her the money based on that. She will get the deposit back directly so she could easily pocket your money and hers and you'd be fucked.
Are you jointly and severally liable for the rent? Personally if she doesn't pay the rent I'd change the locks and lock her out til she paid. As long as you provide a key for the landlord you're legal with them. She's not likely to take you to court is she?

Who's the lead tenant? The deposit will be in that person's name and that's who it gets returned to...after someone has moved out and a new inventory has been taken during inspection. Not before.

And who pays the rent? As in makes the payment itself.

The way it has been working with change of tenants has been the incoming tenant pays the deposit to the outgoing one. Is that illegal? I'm clueless. I did ask if our deposit was in a secure scheme and was told yes it is. It sounds like maybe the system of transferring deposit is not ok though?

I don't think we have a lead tenant? We have a joint tenancy agreement though.
Normally she pays the rent to my account and I pay it into the agent.

op , you are under no obligation to do anything here - it is between your flatmate and the landlord. Not your circus, not your monkeys!

Tell her to sod off! What a cheeky cow, totally not your problem. What kind of tenancy do you have?

My son's in a similar position, moving from one flat to another. He has to pay the new deposit before he moves in and won't get his deposit back from his old flat until he's moved out. That's the way it is. She could try asking the new landlord for a few days' grace, but I doubt they'd give it.

No!

You don't have to pay her a penny

And if she threatens to not pay, keep her deposit

I suppose that if you have signed a contract together the landlord could come after either one of you if the rent isn't paid so you should be worried that she may not pay the rent. If she is moving out will she not longer be on the contract or is she still liable?

I haven't done a tenancy where one person leaves before but I think transferring deposits sound like a bad idea (not sure on legality though). Shouldn't an inspection be carried out after every tenant leaves before the share of deposit can be returned? What if they take money off you at the end for damage she caused?

You ever been told it's in a scheme? You should have heard directly from the scheme within 2 weeks after moving in. Did you not?

I know - I'm starting to worry now and get a very bad feeling in the pit of my stomach. There has never been any inspection in between tenants. There was no inventory, I have this in writing from the agents. It's all starting to sound really awful.

No, was never told 2 weeks after moving in. Just replaced the outgoing tenant when they moved out and paid that woman my deposit. When I asked much later, was told it's in a scheme, but I have no idea whose name it is under?
I stupidly thought it would be in the name of the property itself.

Yanbu

I've rented for 10 years and never had a deposit before I moved out, nor would I expect to. The overlap period is shit but that's life. The whole point is that deductions can be made after you've left and it's been inspected (and due process for disputes etc) for any damage caused. If you get it back early there's no redress.

I would advise the landlord now that she's threatening to withhold rent, and that you can only afford to pay your share. Not sure if it's legally possible to deduct it from the deposit anymore but worth finding out.

Have you already got a new flat mate lined up? If not, what if you can't get one straight away? Does the ll have to approve the new tenant?