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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
Original poster
anothereffingnamechange · 03/01/2017 17:01

I paid to an outgoing tenant too.

Estate agents says our full deposit is in a scheme and won't be touched until the end of the tenancy. That's ok if it's true, but now I'm worried as have no idea whose name it's under, so have requested a copy of paperwork.

If we both were moving out, then this deposit the estate agent says is ours - that's what I'd be expecting to have my money returned from. But who knows, it's hellishly confusing now.

OP posts:
Kirriemuir · 03/01/2017 17:03

Pass it over to the agent. They are legally required to keep things right (which from what you've said they are not). Don't get involved. They've got it wrong.

The house should be registered as a house of multiple occupation if you and your flat mate are not relatives.

Stillunexpected · 03/01/2017 17:22

Sure the agents are only at fault if the tenants have been keeping them up-to-date on all these comings and goings? If the tenants have been doing unofficial turnovers between themselves God only knows who the agents think is renting the flat or in whose name the deposit is registered. OP, did you sign a contract when you rented the flat?

SallyMcgally · 03/01/2017 17:23

Also - don't worry about not seeing an inventory. Unless you signed one when you moved it, it's the agency/ landlord who's vulnerable, not you. They have to prove that you damaged property etc - unless they can produce inventory with good descriptions and photos of the state of the flat when you moved in which you signed off on, then they can't prove anything.
As for Deposit - maybe those who run the scheme can give advice? If so, I'd tell the agency that you'll hand the matter over to them. That will worry the agency into behaving properly. Once they realise that you know that law and your rights, they are much more likely to be co-operative and behave properly.
Your flatmate is completely unreasonable and appears to come from another planet. I'd show her this thread.

HeartsTrumpDiamonds · 03/01/2017 17:24

What Emeraude says is interesting.

It's not up to you to fund your flatmate's lifestyle choices.

I hope you get it sorted.

Crispbutty · 03/01/2017 17:29

If you are planning on staying there then I would get the agent to renew the tenancy in the correct names because as far as I can see, at the moment you have no rights if anything goes wrong.

EachandEveryone · 03/01/2017 17:36

Are yu both actively loking for a new tennabt sureky thatsthe key. You find someone the want to more in you take there deposit, give it to the one , to vng out and its sorted. She shouldnt be looking at places until this is done. Landlo ds/estate agents aren't interested who's on the contract as lont as the revt gets paid. The imagine you are lije me and renting thr flat not per room. This is a typical London scenerio.

bloodyteenagers · 03/01/2017 17:36

So you are a joint tenant with an absolute stranger? Surely you are all in very vulnerable places with regards to rights especially if you aren't amed as tenant. Plus if the other joint tenant fucks you over with rent, council tax and other utilities then you become financially liable.

Stillunexpected · 03/01/2017 17:39

Eachandeveryone you are wrong. Landlords are very interested in who is on the tenancy agreement if for no other reason than to ensure that the tenant(s) is/are capable of paying the rent!

SpartacusWoman · 03/01/2017 17:47

Weve rented current home for 10 years through an agent, our deposit is a scheme and we get regular letters from the scheme etc. Not sure how often we get them but we've def had several, maybe once a year?

It sounds dodgy that you've not had any such letter, I'd get in with landlord and ask for the name of the scheme, if she's telling the truth she'll have some kind of acknowledgment, but even just the name can be helpful (I dont know if she'd have copies letters that would have been sent to you?) you can at least then try to contact the scheme and they may be able to tell you if you have a deposit with them. (and tell flat mate to do the same)

Also, do you know any of the previous tenants? Coukd you ask how they got their deposits back? Is there any info about which scheme they use on the agents website?

dowhatnow · 03/01/2017 18:02

You need an individual contract otherwise as a pp says you are 100% liable if the other person fucks you over.

EachandEveryone · 03/01/2017 18:18

That's what I mean they are interested in the rent being paid but if the contracts for the flat then they might not be bothered with the comings and goings as long as the person on the contract is still there. Are the bills in your name op? U should be advertising on spare room now if your areas in demand you will find someone before the month is up. in our place the person going is the one that does the advertising has she done that?

Christmassnake · 03/01/2017 18:24

Not yr problem

SnatchedPencil · 03/01/2017 18:33

No, don't pay her. The point of the deposit is that you only get it back once you have moved out and the landlord has checked that there is no damage that needs to be paid for.

She may well need it now, but that is not your fault. You don't have her deposit, the landlord or agent does. If she really needs it, she should speak to them... and see how long it takes them to tell her to clear off!

confuugled1 · 03/01/2017 18:44

Also isn't there something to do with if the deposit isn't properly in a scheme then you (the tenant) gets up to 3x the deposit back?

Think it was done to penalise LLs who were thinking of not protecting the money properly. However might be worth digging into a little further in case it could work in your favour in the circumstances... Worth asking about this specifically if you do manage to speak to shelter or the CAB though.

diddl · 03/01/2017 20:00

But you were an incoming tenant when you paid to an outgoing tenant.

She needs to find a tenant to take her place if she wants to do it that way, or at least try to do it that way!

EachandEveryone · 03/01/2017 20:03

That's what I said ages ago. You both need to be looking for a tenant

StarlingMurderation · 03/01/2017 20:25

I used to co-rent a two bed flat with this kind of arrangement. When someone moved out, it was the responsibility of the person moving out to find someone to replace them on the lease - the estate agent would issue a new contract and change the name on the deposit scheme (for a fee, which the new person paid). I moved in when the contract was five years old - the girl
I moved in with was one of the original letters, but the girl I replaced had only been there a year. Then I had three flatmates over the next four years, each one finding their replacement and paying them the deposit on the day they moved out/in - I didn't get involved except to chose who would move in (we lived in a nice flat in a popular area so there was always a choice). When I and the last flatmate moved out, we ended the lease, and that was the first time we had an inventory inspection. There were some things missing but the guy who did the inspection said they usually expect furnishings to have a five year 'shelf life', as it were, and he was happy to sign off to say we should get the whole deposit back, which we did. All legal and above board.

TheThingsWeAdmitOnMN · 03/01/2017 21:03

Hopefully it should be easy enough to sort the secured deposit with the agent as you have the tenancy and you pay the rent. Try to get it in writing (if you haven't already) that the ingoing pays the outgoing tenant. Try to d this before you say too much more to the agent.

As for your flat mate - ask her what she thinks this has to do with you? HER room, HER deposit, HER moving... twat.

TheThingsWeAdmitOnMN · 03/01/2017 21:05

It sounds really not hellishly confusing, it's very common and nothing wrong with it. Your agent sounds fine.

allibaba · 03/01/2017 21:11

Do not pay her anything!!!

I was in this exact same situation years ago. The flat mate became a good friend (so I thought..) until she moved out. I gave her the deposit early as she needed it to cover her moving costs ( moving so way away to live with boyfriend).

But lo and behold, sudden didn't agree with the last bills, thought I should pay more. I had nothing to hold her to as the deposit had gone. Never trust any flat mates where money/deposit is concerned!

Hellmouth · 03/01/2017 21:14

This sounds normal to me for flatshares where not all tenants are moving out. But she has to wait for her deposit, she can't get it before she moves out, that's just cheeky. She should have saved before looking for somewhere new!

VeryBitchyRestingFace · 03/01/2017 21:19

Your flatmate sounds as mad as a box of frogs. Having said that, she's probably been fed a line by the agency.

Do you have a lock on your bedroom door? If so, I'd be inclined to secure all valuables in their until flatmate moves out, given that she's threatening to withhold rent.

EachandEveryone · 03/01/2017 21:24

How had is she looking for a replacement? Are you in London?

VeryBitchyRestingFace · 03/01/2017 21:30

in their

In THERE

Gaaargh! Out, damn spot!!! Angry