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Tenancy agreements, my sis name is on the agreement, 2bed place, and her so called friend is leaving before the 6months agreement, she's going to haev to pay it isnt she, I mean the friends bit. Can sis ask landlord to withhold deposit?

17 replies

PirateInaPeartree · 21/12/2007 19:47

My sis cannot afford the rent for them both, but has takenout a bigger overdraft. The lovely friend is still in the flat, as rent not due till beginning jan, but its that month which is their last month. The one that poor sis is going to have to fork out for.

Sis has approached friend who refuses to talk about it.

poor sis

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LIZS · 21/12/2007 19:54

Is it just in her name , if so yes (effectively she would have sublet) and also I think if they are both named as jointly and severally liable. She could ask about the deposit but chances are she'd only get half her share back and "friend" would get same unless only she paid.

PirateInaPeartree · 21/12/2007 19:57

They shared the deposit. Sis has informed landlord of what the friend is doing. He has siad he won't give it back to the friend.

Yet I amnot sure he can withhold it. Yes she is breaking the tenancy agreement by leaving, but her name isn't on it anyway.

little bitch.

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VictorianSqualor · 21/12/2007 19:58

Did the 'friend' pay towards the deposit then???
If she did then I'd suggest it there is only one month left, she contacts the landlord and asks him his POV.
She could take this 'friend' to court, but that would cost her, until the court found in her favour and ordered friend to pay costs. Maybe a solicitors letter is enough to make her pay up?
Do they have any form of agreement on the 'friends' part of tenancy. Your sister could get the police to throw her out, or even throw her stuff out herself and change the locks if the 'friend' has no agreement and won't pay up.

VictorianSqualor · 21/12/2007 19:59

You say the friend paid the deposit but you're not sure if the landlord can withhold it.
He can, it is a deposit that says this flat will be paid for, if it isn't paid for they keep the deposit. Simple.

PirateInaPeartree · 21/12/2007 19:59

Dhe's suddenyl met a bloke online, met hin 3 times andis now moving 200 miles away to live with him .

Never discussed it with sis, and it makes me mad cos sis found the flat for them here (friend came from out of area to share with sis)and sorted it all.

Friend has royally shat on her.

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VictorianSqualor · 21/12/2007 20:00

Oh and she is breaking no agreement if her name isnt on it. I'd tell your sis to tell her she is throwing her out if she doesn't pay up. With no contract the 'friend' has no leg to stand on.

LIZS · 21/12/2007 20:04

not sure the landlord can determine how to repay deposit to each. If he has his rent frm dsis and he can only deduct what he is owed from deposit and repay balance evenly. It isn't his call to deduct outstanding rent from one more than the other since he has no agreement with "friend" . Is there an agent involved ?

PirateInaPeartree · 21/12/2007 20:05

yes, would be good, but the firned has about a transit vans worth of stuff, and a dog, and i nkow it sounds ridiculous but in reality I just dont think sis could face doing that.

Thye have both been paying the rent by dd, to the landlord, you know splitting the rent.

I said to sis, ok if u r paying the whole month starting jan, and your friend is leaving, at this time, is she thinking she is gonna get her deposit back?

Cos sis has contacted landlord who has said he will withhold it.

this is a muddle is it not.

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PirateInaPeartree · 21/12/2007 20:06

No no agent. They are v ery wealthy couple hwo have a little country pad, and are pretty crap at being landlords!!!

it used to be a little holiday let.

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LIZS · 21/12/2007 20:07

but that way the only person who'd benefit would be the landlord . Your dsis would have coughed up the whole rent anyway and hung on to her deposit. Is she planning to give a month's notice or get someone else in to share ?

PirateInaPeartree · 21/12/2007 20:17

She will prob leave, and hope to get back the whole deposit.

I guess if the landlord stands firm, and keeps it tho.

I have no idea if the friend will challenge the landlord to get her deposit back.

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VictorianSqualor · 21/12/2007 20:32

If sis pays the next months rent then she will legally be entitled to the whole deposit back personally as the other person has no legal rights.

If sis doesnt pay the rent for the next month the landlord can take the whole lot of the deposit and sis can still lvie their but not have to pay any extra as what the friend wouldve paid is her part of the deposit, so if sis doesnt pay either then its her part of the deposit, so basically no-one pay rent=no deposit back, sis pay full rent=sis gets full deposit back.
As long as the friend has no legal standing, which as she isn't a tenat, she hasn't.

Fizzylemonade · 21/12/2007 20:48

The way I understand it is your sister has the tenancy agreement in her sole name, therefore she has the legal right to live in the property and is legally responsible for paying the rent.

The friend has no right to live there and technically no right to any deposit she may have paid toward. The tenancy agreement would state that the deposit is to be paid back to the tenant, your sister is the tenant!

I think your sister needs to get advice on this, if she threatens the friend in any way and the friend damages the property your sister would be liable for it.

I would always advise the tenancy agreement to be in all the names of the occupants. Sadly this does leave you open to being "jointly and severally" liable as how you divide the rent between you is between you and if one doesn't pay then the other can be chased for payment. It is the same with gas, electric, council tax etc (I worked in both electricty and council tax)

PirateInaPeartree · 22/12/2007 08:29

ok, thanks all, fell asleep last night and didnt get back on!

So really speaking, sis will pay the whole Jan rent and wil get the whole deposit.

Its Devon, its the middle of the countryside, and laid back as anything with some of these matters. This is nice in a way, but obviously legally naive when the cowshit hits the fan , so I do hope the landlord sticks to what he 'agreed' with sis about not giving the friend the money back.

Poor sis having to live with this person imo.

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saltirehangingonachristmastree · 22/12/2007 08:44

Our tenant has only her name on the tenancy agreement, which we were told we legally had to have,so there should be something similar between your sis and her landlord.
If it is only her name on it, then technically she can throw her friend out any time as she has no legal right to be there, unless your sis and her friend have a written agreement about paying half the rent,bills etc. Also as the ladlord, if it was me in that situation I would pay the deposit back to the person whose name was on theagreement, unless I had received (and given recepits for) money from both parties.
having said all that, our house is in Scotland so may be diferent laws

Freckle · 22/12/2007 08:54

Your sister is the only tenant named, therefore the landlord can only repay the deposit to her. It is irrelevant to the landlord who actually provided the deposit. If this "friend" is leaving your sister in the shit financially, then she can claim the deposit in full to cover the "friend's" share of the last month's rent.

The "friend" would have to sue her to recover it and your sister could counter-claim for the last month's rent. Sorted. Except the friend won't sue.

Oh, and if you sister likes the flat, she should try and find another flatmate.

PirateInaPeartree · 22/12/2007 09:11

I will be seeing my sis today, so will telher Ihave had the mighty mn ladies on her case!

The flat is lovely, in the grounds of a rather posh house, yet she isn't going to re new cos i thik she would like to get a place on her own if poss.

Apparently, the landlord is letting her have it for a couple of months at half rent till she finds herself somewhere else.

Landlord lives in Hampstead, and has a place in Monaco also

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