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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To think my deposit should be protected - not returned by my housemate?

16 replies

Pomegranate66 · 30/10/2023 21:42

Me and my housemate did not get on at all. She was nasty and always had her boyfriend round, who never contributed to anything.

I left the tenancy a month early, with a lot of notice, due to moving abroad. She has found someone else to move in next month. In the month where she was alone, I continued to pay rent, all fixed bills, and standing charges for PAYG bills.
She demanded I also pay PAYG energy bills but I refused, due to the fact that her boyfriend is always round, and was likely to live round there for the month. I did not feel responsible to pay for his use of electric etc. I said if it was just her living there, they should half anyway. If not, it’s him using bills and I shouldn’t pay. We got into a blazing argument about this and in the end I did not pay this. I paid everything else that was contractually required of me (and it would have only been around £20-30 anyway).

I then see she had blocked me, and I understood that she had my deposit returned to her. I panicked and contacted my landlord.
I then get a nasty text from my housemate, saying “I find it quite laughable you contacted the landlord, your deposit has nothing to do with me. Anyway, I’ve now received it as it’s clearly a matter of urgency for you. I’ve sent you X amount; this includes the energy bills you owe me for this month deducted. Be grateful more wasn’t taken off”.

I contacted the landlord; stating that surely it’s not up to this girl (who doesn’t by any means have any more rights than me) to return my deposit and decide to just take money off. Surely it’s up to the landlord to return my deposit safely.

He responded:
”the total was X. Apologies but I have no control over the deposit. This is up to you and Housemate to resolve. Thanks”.

Surely I’m right in thinking she can’t just decide how much deposit I get back. AIBU??

OP posts:

Coffeerum · 30/10/2023 21:51

It entirely depends on the contract, how the tenancy was structured, how the deposit was paid etc.

Seawaver · 30/10/2023 21:53

Why did the landlord return your deposit to another tenant? This is not right as it is not her money. How much money has she kept?

It’s been a decade since I was house sharing so I’m not altogether sure whether you should have paid the remaining month’s energy bill. Speak to Citizens Advice if we are talking a large sum of money taken by her.

SecondUsername4me · 30/10/2023 21:54

The deposit is returned to the account it came from - did the whole deposit come from her account?

Nopenopenopenopenopenope · 30/10/2023 21:54

Assuming your names were both on the contract then the deposit should have been returned to each of you equally, unless you both agreed otherwise. Your landlord is in the wrong here; you aren't the first people to cohabit and fall out after all.

Flickersy · 30/10/2023 21:55

If it's a joint and several tenancy the deposit for the contract is usually returned to the lead tenant, so this isn't necessarily odd. And the deposit is split by agreement between the tenants - the landlord is only interested in the whole and not how the tenants split it between themselves.

If it's a joint and several tenancy and she's the lead tenant, you need to sort this with her and not the landlord.

towriteyoumustlive · 30/10/2023 21:56

Did the landlord protect the deposit in a scheme? (assuming UK)

You send a LBA to the housemate giving her 14 days to return the rest of the deposit before legal action.

Flickersy · 30/10/2023 21:57

Nopenopenopenopenopenope · 30/10/2023 21:54

That depends on whether the contract is joint and several, or whether the OP and the housemate each have separate contracts for their own rooms.

Iwantthistobemyyear · 30/10/2023 21:59

Got what a scumbag of a housemate. I'm sure that even if it was a joint tenancy, both parties have to agree in writing, as to where the deposit is returned to, before it can be returned.

Iwantthistobemyyear · 30/10/2023 22:00

İm not saying revenge is the answer but I would contact the new housemate and show her the messages from this girl to show her what she's like before she signs anything.

Flickersy · 30/10/2023 22:04

Iwantthistobemyyear · 30/10/2023 21:59

Got what a scumbag of a housemate. I'm sure that even if it was a joint tenancy, both parties have to agree in writing, as to where the deposit is returned to, before it can be returned.

No they don't. I was on a joint and several tenancy between 5 people until last year. As lead tenant, everything went through me.

We agreed between the 5 of us how the deposit would be split; that's nothing to do with the landlord. I paid everyone's deposit at the start and I received everyone's deposit back at the end.

There was no agreement about what was paid where. Everything went through the lead tenant. It was my name on the TDS website for the deposit, no-one elses.

If OPs arrangement is J&S and the housemate is the lead tenant, then the dispute is between the tenants and no-one else.

RedHelenB · 30/10/2023 22:07

So you've got your deposit back minus £20. I'd cut my losses tbh, live and learn, and let it go

Snugglemonkey · 30/10/2023 22:20

I agree with @RedHelenB, just cut your losses. It is not worth getting bothered over.

WiIIow · 30/10/2023 22:23

I wouldnt even be bothered over £20-£30. Sounds like point scoring.

Iwantthistobemyyear · 30/10/2023 22:23

Flickersy · 30/10/2023 22:04

No they don't. I was on a joint and several tenancy between 5 people until last year. As lead tenant, everything went through me.

We agreed between the 5 of us how the deposit would be split; that's nothing to do with the landlord. I paid everyone's deposit at the start and I received everyone's deposit back at the end.

There was no agreement about what was paid where. Everything went through the lead tenant. It was my name on the TDS website for the deposit, no-one elses.

If OPs arrangement is J&S and the housemate is the lead tenant, then the dispute is between the tenants and no-one else.

Show quote history

OP's wouldn't be a joint and several tenancy, there were only two of them.

Flickersy · 30/10/2023 22:26

Iwantthistobemyyear · 30/10/2023 22:23

OP's wouldn't be a joint and several tenancy, there were only two of them.

Show quote history

You can have a joint and several tenancy with two tenants. Most couples will rent like that. It would be rather odd to see a husband and wife renting a home on two separate contracts!!!

Bearbookagainandagain · 30/10/2023 23:29

As others have said, if you were on a joint AST tenancy then the entire deposit is usually refunded to one account. It doesn't have to be the one you paid from, it can the one you indicate during the check out process - if you weren't there then it's normal for your flatmate to put hers.

She is also right that you owe her the money. It's irrelevant whether her bf was there or not, you are on the tenancy and he is not, you are responsible for all bills (not the bills you choose to pay) and he is not. The fact that you left early has nothing to do with her, and use of energy is broadly the same for 1 or 2 people (when you turn on the light or the heating, it's the same whether there is 1 or 2 people in the room).

If you think she is wrong you can take her to small claim court.

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