Landlord can’t release my part of the deposit

[HumanLeagues]

Hey everyone!

I was part of a joint tenancy which technically finished on the 11th of August. The other two tenants have stayed on for another month. I cleaned my room and the living room/hallway as contribution to the communal cleaning.

My landlord tried to release my part of the deposit to the lead tenant to give to me. He has now come back and said that mydeposits won’t allow him to release part of the deposit, so he’s unable to until the other two move out. Although this is a bit annoying, I’m okay with it if it can’t be done.

However, when replying to him, I asked to double check that how I left my room and sent him photos of it will be the case of when they leave. I don’t think I worded that right but I meant how I left it should impact the deposit/any charges.

He’s replied saying I’d need to discuss it with the other tenants but that he’s sure the deposit will be refunded in due course, but to ensure it has been professionally cleaned. He has said he cannot assess the property properly until the property inspection at the move out date.

Firstly, I know they can no longer expect for tenants to ‘professionally’ clean. But my thinking is, surely this isn’t fair on me? My move out date has been and gone, they’re surely on a new tenancy? Shouldn’t he have checked my room at the time of the end of the tenancy? I am not named on this extra month so think it’s unfair.

I asked MyDeposits if this is true and they’ve said landlords can release the deposit (assuming the full one) then re-lodge it under the remaining tenants so I’ve queried this with the landlord but haven’t received a reply yet.

I think it’s a bit crap that he’s unable to because again, I’ve technically left and I’m no longer on the tenancy, whether it’s new or extended. I also think he’s made the mistake of not doing a property inspection when I moved out, thinking another month is fine I’ll do it then. I think that’s wrong when somebody leaves beforehand. Any suggestions? Citizens Advice seems to be awful to get a hold of, I’ve tried numerous times and also have done in the past about other things.

It’s a tricky one because it depends how you agreed to move out. When you are joint tenants the deposit tends to be protected as a lump sum under a “lead tenant”. Did you negotiate leaving with the landlord, or just with your housemates? If just with housemates them the deposit remains part of the lump sum and presumably your name is still on the tenancy until it is formally finished. You would have to have negotiated leaving with the landlord and formally a new tenancy would have to be formed with only the 2 remaining tenants, so deposit would all have been refunded and then they pay again essentially for the remaining month.

If you are on a joint tenancy it does not finish until all have moved out or a new agreement is in place. HMO tenancies for individual rooms differ.

Hi @LIZS @Mrsttcno1 Thanks for your replies! Our landlord basically just asked if we’d like to renew our tenancy, and it was at this point that I told him I’ll be leaving. Therefore I think they will have started a new tenancy (the other two staying on) purely for one month. I haven’t signed another tenancy or agreed to an extension of the original, so my name has only ever been on the original tenancy which is marked as finished on OpenRent. :)

No he would have given you notice of a new tenancy, probably two months, but you chose to leave sooner. If the others are moving out this month there will be no new tenancy yet and you should wait.

@LIZS I got a notification to say a tenancy renewal has been signed (by them I’m assuming), but also notification that I have been removed as a tenant - OpenRent has this on the general guidance page which might confuse things even more for me given the landlord didn’t do an inspection when I left