Shared responsibility?
Question
I recently left a shared house where we were all on the same tenancy agreement. I paid all the rent and bills I owed but my flatmate caused some damage to his room and also refused to pay the last month's rent.
The landlord is now refusing to give me back my deposit and said I would have to claim this back from my flatmate. Is it legal for the landlord to keep the whole deposit because my flatmate didn't pay his share of the rent? Do I need to take my flatmate to the small claims court?
Answer
We're sorry you're having problems getting your landlord to return your deposit. Most people who privately rent student property are assured shorthold tenants. The following advice is based on this assumption.
It is your landlord's responsibility to return your deposit and this is still the case if you paid your deposit to the letting agency.
The deposit belongs to you and should be returned to you unless your landlord can show he has suffered a financial loss because of something you did (or didn't do). Your landlord can make reasonable deductions from the deposit for:
- Damage to the property;
- Unpaid rent;
- Missing items;
- Cleaning.
Even if your landlord has a valid reason for keeping part of your deposit, the rest of it should be returned.
Whether the landlord can withhold your deposit will depend on if you were a sole or joint tenant with the other people who lived there. If you were a sole tenant (if you had your own separate rental agreement/tenancy) then your deposit should not be withheld because the other tenants did not pay their rent.
If you signed the same agreement as your flatmate, this would make you joint tenants. Unfortunately, although it would make you equal in terms of your rights to stay in the property, it would also make you equally responsible for problems in the property. In law this is called being 'jointly and severally liable'. Basically speaking, it means that even though you have paid your rent in full and have not caused any damage, you can be held liable for your flatmate's actions if the landlord chooses.
As the landlord has withheld your deposit to pay for outstanding rent and repairs to damage caused by your ex-flatmate, your landlord should provide a breakdown of things that he is charging you for. If you don't agree, you could take court action.
The county court deals with small claims. In your case, the court would decide whether it was reasonable for your landlord to withhold money from the deposit and if the amount withheld was reasonable. The court procedure is intended to be simple enough to use without needing a solicitor but if it would help you feel more comfortable, you can get further information and advice from your local Citizens Advice Bureau (CAB). Be aware though, if he is entitled to keep it because of the financial loss he has been caused by your flatmate, you may well end up with court costs, so it may be best to try and negotiate with him first.
You could also take action against your former flatmate for the amount of the deposit to be returned. Firstly, you should try formal negotiations, preferably in writing. If this isn't successful, another option would be to take him to the small claims court and sue for this money to be returned to you. If may help you approach a local advice service before you decide what to do next. You can also download forms and guidance from Her Majesty's Court Service Website.
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Question answered by Shelter
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