DPS and joint tenancy question
Discussion
Hi,
I have a tenancy ending this week.
It was originally in the names of joint tenants, A and his girlfriend B. The deposit was paid under A's name.
Over the next year they would occasionally split up for a period and he would move out, but then move back in shortly after.
In August 2021, B took over the tenancy as A had moved out permanently.
A few months ago, A stopped paying rent, and we have asked her to end the tenancy.
It was only when I came to view the DPS information for the property that I realised A was not named but it was still in B's name.
Are there any restrictions that I should be aware of, if for instance damage needs claiming for at handover? And could I legally claim from the deposit for the unpaid rent?
I have a tenancy ending this week.
It was originally in the names of joint tenants, A and his girlfriend B. The deposit was paid under A's name.
Over the next year they would occasionally split up for a period and he would move out, but then move back in shortly after.
In August 2021, B took over the tenancy as A had moved out permanently.
A few months ago, A stopped paying rent, and we have asked her to end the tenancy.
It was only when I came to view the DPS information for the property that I realised A was not named but it was still in B's name.
Are there any restrictions that I should be aware of, if for instance damage needs claiming for at handover? And could I legally claim from the deposit for the unpaid rent?
shandyboy said:
Hi,
I have a tenancy ending this week.
It was originally in the names of joint tenants, A and his girlfriend B. The deposit was paid under A's name.
Over the next year they would occasionally split up for a period and he would move out, but then move back in shortly after.
In August 2021, B took over the tenancy as A had moved out permanently.
A few months ago, A stopped paying rent, and we have asked her to end the tenancy.
It was only when I came to view the DPS information for the property that I realised A was not named but it was still in B's name.
Are there any restrictions that I should be aware of, if for instance damage needs claiming for at handover? And could I legally claim from the deposit for the unpaid rent?
Are you sure you have described this properly?I have a tenancy ending this week.
It was originally in the names of joint tenants, A and his girlfriend B. The deposit was paid under A's name.
Over the next year they would occasionally split up for a period and he would move out, but then move back in shortly after.
In August 2021, B took over the tenancy as A had moved out permanently.
A few months ago, A stopped paying rent, and we have asked her to end the tenancy.
It was only when I came to view the DPS information for the property that I realised A was not named but it was still in B's name.
Are there any restrictions that I should be aware of, if for instance damage needs claiming for at handover? And could I legally claim from the deposit for the unpaid rent?
No sorry, trying to anonymise it I got the names mixed up half way - apologies...
So let me try again
A and his girlfriend B rented the apartment, reference for the DPS is "AB" but actual deposit is in A's name
After a year of on/off A living there, A leaves and B takes over the tenancy (on the tenancy agreement) - I didn't realise at the time I should have transferred the tenancy in DPS.
A couple of years later B is now leaving and she has asked about the deposit as it was in A's name originally - I suspect as they are trying to get the money (stopped paying rent some months ago, been trying to get them to leave).
So let me try again
A and his girlfriend B rented the apartment, reference for the DPS is "AB" but actual deposit is in A's name
After a year of on/off A living there, A leaves and B takes over the tenancy (on the tenancy agreement) - I didn't realise at the time I should have transferred the tenancy in DPS.
A couple of years later B is now leaving and she has asked about the deposit as it was in A's name originally - I suspect as they are trying to get the money (stopped paying rent some months ago, been trying to get them to leave).
Landlordzone is worth a look as they have a lot of information & a forum:
https://forums.landlordzone.co.uk/home
https://forums.landlordzone.co.uk/home
From what I can understand, the current tenant is the only one named on the tenancy, and a previous tenant is the one named on DPS. The previous partner would need to authorise the release of the deposit. You may be able to add the current tenant to the deposit if you speak to DPS and explain the details. I believe the named person on the deposit would have to authorise this change.
Was a fresh tenancy issued in just this tenant's name? There might be some ambulance chasers who would suggest that a fresh tenancy should have required the deposit being relodged. Failure to lodge a deposit is punishable with a fine of up to 3 times the original deposit amount.
If you're on good terms with the previous tenant, give him a call and explain the situation. If you get stuck, drop me a PM. I deal with tenant mediation and tricky circumstances as a job, but happy to have a chat. Alternatively, if you're a member of NRLA, give them a shout and they'll be able to assist.
Was a fresh tenancy issued in just this tenant's name? There might be some ambulance chasers who would suggest that a fresh tenancy should have required the deposit being relodged. Failure to lodge a deposit is punishable with a fine of up to 3 times the original deposit amount.
If you're on good terms with the previous tenant, give him a call and explain the situation. If you get stuck, drop me a PM. I deal with tenant mediation and tricky circumstances as a job, but happy to have a chat. Alternatively, if you're a member of NRLA, give them a shout and they'll be able to assist.
Jonmx said:
From what I can understand, the current tenant is the only one named on the tenancy, and a previous tenant is the one named on DPS. The previous partner would need to authorise the release of the deposit. You may be able to add the current tenant to the deposit if you speak to DPS and explain the details. I believe the named person on the deposit would have to authorise this change.
Was a fresh tenancy issued in just this tenant's name? There might be some ambulance chasers who would suggest that a fresh tenancy should have required the deposit being relodged. Failure to lodge a deposit is punishable with a fine of up to 3 times the original deposit amount.
If you're on good terms with the previous tenant, give him a call and explain the situation. If you get stuck, drop me a PM. I deal with tenant mediation and tricky circumstances as a job, but happy to have a chat. Alternatively, if you're a member of NRLA, give them a shout and they'll be able to assist.
I suspect there could well be a subtlety around how the changes to the tenancy took effect. Was a fresh tenancy issued in just this tenant's name? There might be some ambulance chasers who would suggest that a fresh tenancy should have required the deposit being relodged. Failure to lodge a deposit is punishable with a fine of up to 3 times the original deposit amount.
If you're on good terms with the previous tenant, give him a call and explain the situation. If you get stuck, drop me a PM. I deal with tenant mediation and tricky circumstances as a job, but happy to have a chat. Alternatively, if you're a member of NRLA, give them a shout and they'll be able to assist.
When B took over the tenancy, was it a new agreement?
If so, A should have been refunded and a fresh deposit taken from B. If the tenancy continued, with A removed by way of variation, then I suspect it could be a contractual matter between the original joint tenants (it being perhaps immaterial which of them actually made the payment connected with their joint liabilities) and, to the extent that A party wanted “their” part back, they probably should have dealt with that directly with B (who as the sole tenant may well be deemed to be the deposit now in place).
I’m not a lawyer, but if it were seeking advice I’d be asking mine if ^^^ that was a correct analysis. There could be further nuances introduced by the legislation around deposit protection and/scheme rules. Definitely worth seeking some proper advice on.
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