Thank you for your response. With regards your request for further information, I am assuming cleR means "clear" and can you advise what you mean by the term AST.
It was a tenancy agreement for 1 year.
As I mentioned in my initial email, it was a joint tenancy so is it possible for one or other tenant to be the "lead" in such cases? I would assume a "joint" tenancy would mean equal obligtations/rights afforded to both?
Thank you for your response. Answers to your questions below:
1. The deposit was split 50:50 as it was a joint tenancy.
2. The previous tenant moved out very suddenly in April 2011, weeks before the end of the original joint tenancy agreement leaving a range of unpaid bills. The tenancy agreement stipulated that it would be down to the remaining party to repay the relevant share of the deposit amount if one or other party moved out of the property. The overall deposit amount has always remained with the letting agency.
Therefore, in the circumstances, as I remained in the property and took out a sole tenancy agreement, it was left to me to repay the previous tenant her 50% (minus deductions for outstanding bills) of the deposit amount from the original joint tenancy agreement we both signed.
The previous joint tenant refused to answer any email so eventually I agreed with the letting agency that I would pay her share of the deposit into their account and she could collect it from them. This was done on 12th September 2011 where the funds have remained.
3. In total, the letting agent now holds the following monies:
1. Full deposit for the current tenancy agreement.
2. £920.81 from the previous joint tenancy agreement (ex joint tenants share of the deposit).
Thank you for your response. I have not received any monies back from the deposit so the money I paid to them for the previous joint tenant came direct from my bank account. However, if the point you are making is that once the current tenancy finishes I will be eligible to claim the deposit (for the current tenancy) back then yes that is indeed correct.
In the original contract relating to the deposit it states the following:
In the event that the Tenant shall be more than one person the receipt of any one person included in the Tenancy shall be sufficient discharge for the Agent and the Landlord for the return of any monies or any part of the Deposit.
This seems to suggest that I could request this money back given the previous tenant has failed to collect it nearly 18 months after the cessation of the old joint tenancy agreement. However, I am not a legal expert so your guidance on this matter would be appreciated.
Deposit B is 50% of the original Deposit A.
So my question is given Deposit A relates to the original 2010 tenancy which is now defunct, as the previous joint tenant has not collected this money nearly 2 years after the cessation of the initial contract, can I activate the clause below and reclaim it?