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Chris Long
27-04-2007, 12:27 PM
Hope someone can help me with this one,
I've been house sharing with a now ex friend on a 6 month tenancy agreement, who moved out on the 1st February, although the tenanch didn't expire until the 6th April, leaving me with 2 months of paying the full rent (as I didn't want to loose the house)
He is insisting he's deposit back on the property, and I was silly to pay half of this (£300) just to get him off my back and away from the front door.
My "friend" also didn't pay any of the bills at the property, including gas, electric, water, and council tax.

He's parents have now issued a claim against me for the rest of the deposit, where do I stand with this? should I just pay up, or do I actually have a valid defence, and can I in theory gain back the £300 I already paid?
Many thanks

jeffrey
27-04-2007, 13:19 PM
Who is landlord- you, "friend", his parents, or someone else?

Chris Long
27-04-2007, 13:24 PM
Who is landlord- you, "friend", his parents, or someone else?

Landlord is through a letting agent. but as I was continuing the tenancy, he wanted deposit early

liquidsquirrel
27-04-2007, 13:29 PM
He paid th full deposit initially or you both paid 50% each ?
Can you do a timeline of whom paid what to whom ?

Chris Long
27-04-2007, 14:21 PM
We both paid 50% of the deposit when the tenancy began, then 50% of the rent up until he moved out early.
Both our names are on the tenancy agreement

attilathelandlord
27-04-2007, 14:27 PM
The one holding the deposit is agent/landlord and that's who he sues. His claim will fail immediately.

Planner
27-04-2007, 14:52 PM
Have a think how this is going to effect your relationship with the landlord if your ex-mate (who incidently is still a tennant of the property as he is on the AST and its not finished its term) starts putting in county court claims forms against him!,the LL will defend and your ex-mate will loose, and YOUR deposit is then likley to be witheld. Not sure what you can do about this though? any ideas anyone?

liquidsquirrel
27-04-2007, 15:07 PM
Assume this means that the total deposit was £600 ?
Does the LL or agent have it in writing as to whom paid which amount?
Do you and your mate?

I can't see how legitimately the LL can refuse to give back the deposit if one of the T's is dumb enough to try and sue him before he's even legally entitled to receive it back!!
If nothing is in writing the LL would surely just return it at the end of the AST to the remaining T whom isn't being a prat ?


If you can prove that you both stuck £300 in, I'd take the advice above regards the ex-mate having to sue the LL and let him waste his money trying to take you to court. You can even state how you've gone out of pocket to return his half before he was entitled to it.
I'd then counter sue for the 50% of the rent which he hasn't paid you from the 1st of Feb.

Seek legal advice etc...

Chris Long
27-04-2007, 15:47 PM
I've got to say, thankyou so much to all you guys for the response, you've been a real help!
The Landlord is actually being really decent about it, makes a change to get a decent letting agent! :)