Advice about tenancy please.

[Acacia123]

Daughter is 3rd year at university. She's just moved into a shared house with six others. She has taken the place of someone who has left the tenancy early (original tenancy is 2021 to 2023).

The agent has told her to pay the £600 deposit direct to the departing tenant.

My issue with this is that upon arrival there is already damage to the room which I am certain will be deducted from my daughters deposit when she leaves next year.

In essence, the tenant who caused the damage will have had their deposit returned and my daughter will have to pay for it.

The agent says if we want we can negotiate with the departing tenant to deduct what is a fair amount for the damage.

This seems highly irregular to me. Is this legal?

Would appreciate opinions.

Thank you!

Just to add...we have taken photos of the damage.

I would have no idea what a fair amount to deduct from the deposit would be to rectify the damage.

The agent say pay it all or negotiate with the other tenant (who is a complete stranger, I am not even sure we have contact details).

Why can't yhr Landlord inspect the room before your daughter moves in? Seems like a weird way to go about things. If it were me, I'd insist on paying deposit directly to Landlord or walk away if that wasn't possible. Also living in a shared house for 7? Seems like a lot, unless it's a very big house.

The landlord has not inspected since beginning if tenancy last year.

Unfortunately she's already moved in.

I am waiting a call back from agent and intend to say this is unacceptable.

Ideally I want the property inspected and deposit paid to agent.

Just want to check if I have a leg to stand on...

She moved in on Saturday...

...and yes, sharing with 7 but she says she has made a huge mistake, it's too many people, it is filthy and none of them clear up after themselves.

"The agent has told her to pay the £600 deposit direct to the departing tenant." = the departing tenant did not get 'her' deposit back, but your daughter's in lieu = incorrect handling of the deposit. This suggests it was probably not put into a deposit scheme (illegal) since deposit schemes have tenant details and so it's not just tenant of X room, but Name Surname.

The whole point of deposit schemes is to protect tenants against unfair deductions, so that disputes over deductions between the landlord and any tenant have some arbitration. Your agency is deliberately evading this.

"The agent says if we want we can negotiate with the departing tenant to deduct what is a fair amount for the damage." See above. The departing tenant has rights too, which are not being protected by the agency. The same will then happen to your daughter. If the damage was actually caused by the departing tenant (and not a previous tenant) then she should pay, but she should only pay a reasonable sum, not whatever is made up by the landlord/agency, which may not be reasonable in terms of the costs of fixing damage caused, wear and tear, etc. In this scenario, I wouldn't blame the departing tenant for thinking that since the landlord/agency did not follow appropriate procedures, that she should not be liable (or indeed, for raising a claim against the landlord for not properly protecting her deposit in a depost scheme).

Thanks Precipice that's really clear.

According to the agent, the money is in a deposit scheme but as one lump for the whole property, so they cannot just release departing tenants portion.

I'm very unhappy about it. Agreed, it's not the departing tenants fault. The agent needs to appraise damage, put a cost to it and deal with outgoing tenant, I feel.

They can put the deposit in a scheme where you name individuals I believe. The TDS is a good place to start for info.

Did your DD know the other students? Did she not have anything else lined up? Also student tenancies are rarely for 2 years. Mainly because folk move on with friendships for various reasons. Usually 1 year, then start again.

I'm a landlord and this looks highly irregular to me. What kind of tenancy is it? I assume an Assured Shorthold Tenancy with joint and several liability? Under what terms was the previous tenant able to leave?

Normally, there is a 2 months notice period once the tenancy is in the 'break clause period', and the break clause can normally be invoked only after a minimum of 4 months. At that point, a new tenancy, with a new AST agreement would have to be set up, with the original deposit returned and then retaken and re-deposited with the deposit scheme.

It looks like the agents couldn't be bothered with the above, which is indeed somewhat complicated, and are trying to make life easy for themselves. Don't do it! Carefully read the tenancy agreement. What exactly did your daughter sign? Did the other tenants co-sign? Was she issued with a deposit certificate, the terms and conditions of the deposit scheme, the How to Rent guide, and certificates for gas, electricity and energy performance?

Of course, if the tenancy is one of Multiple Occupancy (HMO), the laws and regulations are different. It can get complicated... However, in either case, I'd talk to the DPS with regard to the deposit. They are usually very helpful. Look at their website first - there's a lot of useful information.

But the first step is to find out what tenancy agreement your daughter has signed