Deposit desperation
Question
I recently left my student house and paid all the rent and bills I owed. My flatmate and I were on a joint tenancy. My flatmate caused some damage to his room and also refused to pay the last months rent.
The landlord is now refusing to give me back my deposit and said I would have to claim this from my flatmate. Do I need to take my flatmate to the small claims court?
Answer
Most people who privately rent student property are assured shorthold tenants. The following advice is based on this assumption.
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. But be aware that, 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.
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.
Good answer? Bad info? Want to tell us what you think? We'd really like to hear what you've got to say about this answer so please click here to take the survey. Your feedback is confidential and as anonymous as you like.
Question answered by Shelter
Print this page Email this page to a friend Add to favourites
