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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

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

76 replies

anothereffingnamechange · 03/01/2017 15:34

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?

OP posts:

harderandharder2breathe · 03/01/2017 15:59

Sorry my second paragraph I meant I'm not sure if it's legally possible to deduct final months rent from the deposit anymore but worth finding out (although even if it's legal the ll may not want to as then it's not there to cover potential damage)

Sonders · 03/01/2017 16:04

OP do not give your flatmate any money. Find out from your LL exactly what the situation is with the deposit.

Exchanging money like this isn't uncommon as it can be a way to circumvent insane fees, but it's not exactly safe.

In your shoes, I'd probably say to flatmate that you don't have any money to give her, but the two of you should present a united force to the landlord/agent and find out where you both stand.

PuntCuffin · 03/01/2017 16:05

We had a situation where one tenant left and a new one moved in. The incoming tenant paid the equivent of 50% deposit to the agent and once it was confirmed that the outgoing one owed nothing, she received the 50% and the secured deposit was transferred to new tenant. So neither the remaining tenant nor I touched it. I can't recall all the details but the agent managed it so it was legal and correct.
It was a few years ago and there was also something to do with her trying to not pay her half of the last month's rent instead but once it was pointed out to her that her friend would be left liable for the full rent, she did pay up.

WorkAccount · 03/01/2017 16:10

A secured deposit is in the name of the tenant, it is that tenant who is covered. You have no idea who's deposit is secured, you are not covered. The landlord is being very dodgy

venys · 03/01/2017 16:14

I think you need to ring your agents and try and rectify this deposit separate from your flatmate. Firstly ask for a copy of the incoming inventory (which may have been done before you moved in ). Also ask for written confirmation of which scheme the deposit is held in and how much is deposited. And file it somewhere safe. Check with the agent if they will release a partial amount of a deposit to your flatmate - but I think you may be liable to pay for another inventory to be done which can be in the order of £100 or so (can't remember the price). You will then need to pay another inventory at end of your tenancy. (It's usually ll pays one and tenant pays the other). So you can see it gets a bit messy in your situation - how do you attribute damages to one person and not the other? Anyways ring the agent and get the answer from the horse's mouth.

Jellybean83 · 03/01/2017 16:14

You should've had a letter addressed to you from the scheme letting you know that your deposit was with them, that's how it worked when I was renting (still am but it's family friend and no deposit). It would've had both your names on it but the scheme definitely contact you directly.

Jellybean83 · 03/01/2017 16:15

Oh and YANBU, you don't owe her a penny.

Ohdearducks · 03/01/2017 16:15

You should have been given paperwork with the name of the deposit scheme and their contact details, you need that if there's a dispute.
You do not owe the leaving tenant anything. It's between her and the landlord.
All this deposit swapping business seems very dodgy though.

happynewyearchum · 03/01/2017 16:19

Landlord sounds dodgy AF.

This sounds similar to student accommodation I experienced though, whereby if one person moved out the rest of us we're liable as it was a tenancy for the house as opposed to each. I suppose the same as if a renting couple split up. What does your contract say?

Northend77 · 03/01/2017 16:19

I don't understand how paying an outgoing tenant your deposit would work over time - surely the price of the deposit increases as rent increases so if the original tenant paid £600 deposit, then leaves a year later and the deposit has gone up to £700, you wouldn't give her an extra £100 surely? And if that tenant just does a runner, who do you give your money to then?

notangelinajolie · 03/01/2017 16:24

The Landlord or Agent on his behalf should put Tennants deposit a Deposit Protection Scheme. When the tennancy is over the money should be returned to the tennant within 10 days. Money passing between tennants shouldn't be happening. Tell your soon to be flatmate to speak to the Agent or the Landlord.

Gallavich · 03/01/2017 16:24

Your deposit isn't protected unless you have paperwork saying so. You've just handed your money to a random stranger. Fuck woman you could be screwed.

Original poster

anothereffingnamechange · 03/01/2017 16:35

I've just had an email from the estate agent saying that the deposit has to be sorted out between ourselves. There's no mention of whose name it is in, just states the amount of the deposit altogether.

OP posts:

honeysucklejasmine · 03/01/2017 16:40

I think you need to speak to your letting agent. Asap. Do you have it in writing from then that "your" deposit is secure?

Miserylovescompany2 · 03/01/2017 16:41

I would be visiting your local CAB office to see exactly where you stand...

honeysucklejasmine · 03/01/2017 16:41

Cross post. No, that's not ok. Speak to Shelter or CAB.

dowhatnow · 03/01/2017 16:42

Don't pay her a penny until she's paid you the last of her rent. Then it's up to you when you pay her the deposit. Sounds dodgy though

Emeraude · 03/01/2017 16:44

I have had this with deposits in all the London house shares I have done. It has always been the responsibility of the outgoing tenant to find someone to replace them, who then gets effectively interviewed by the other housemates, and the incoming tenant and outgoing tenant sort out the deposit transfer themselves. Nothing to do with anyone else living there. It's not legit but they're the unwritten rules of house shares. This girl sounds nuts.

Ohdearducks · 03/01/2017 16:45

Def CAB or shelter you're being dicked around.
Email back and ask for the contact details of the deposit scheme. I suspect they'll say no because they haven't paid it in to one which is illegal.

user1483387154 · 03/01/2017 16:47

Do not pay her until the new person has paid their deposit

Original poster

anothereffingnamechange · 03/01/2017 16:49

I have emailed back and asked for the paperwork for our deposit on the scheme. Will see what they say.

The original tenant on this lease moved in 15 years ago, and it's been a turnover since then. Is it likely it's still them named on the scheme? I don't even know who they were, I only know people as far back as about 5 years. This is a nightmare.

OP posts:

ticklingafoot · 03/01/2017 16:51

It's to do with your flatmate and the landlord or even the new tenant-- but definitely not you. If she fails to pay her half of the rent, they'll use her deposit and she won't get anything. She's desperate and stupid.

haveacupoftea · 03/01/2017 16:54

So basically she wants you to lend her the money for her new flats deposit. Er, no!

Crispbutty · 03/01/2017 16:55

The scheme wasn't around 15 years ago.. And I would have thought the deposit would have been a lot less too. Does the original tenant still live there? It all sounds very messy and badly handled by the agent.

In any case though, deposits are never returned before a tenant vacates. It's a pain in the arse when moving to another rental as you need the money but that's life.

diddl · 03/01/2017 16:57

So who did you pay your deposit to, Op?

What if you both decided to move out??

Who would you be asking to refund your deposit?

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