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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, I was in a Joint tenancy on a contract that lasted until

Customer Question

Hi,
I was in a Joint tenancy on a contract that lasted until the 12th of march. we didnt have any agency for 2 months as the one we had closed without given notice and new agency took management until the 10th.
I said previously, i wouldt renew my tenancy, and other two tenants agreed with me (although we had issues) that they will take full responsibility of the property and they will renew the contract on their name.
They haven't done so yet, and they've paid their share of the rent and now current agent is looking for me to pay the share.
However I moved out the 11th of march giving notice.. they said the contract automatically renews on a periodic basis (I used to pay 6 months in advance as I am a foreign student)
They have also not given back my share of the deposit. and they've said I need to contact the tenants to give me back my share of the deposit.. but i can't as we didnt end in good terms.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

To confirm that the contract was an AST and was due to end anyway on 12th March 2015?

JACUSTOMER-znf4tnti- :

Hi, it is an assure shorthand tenancy agreement

JACUSTOMER-znf4tnti- :

from 13th september until 12th march

Alex Watts :

Ok - that is good.

JACUSTOMER-znf4tnti- :

shorthold*

Alex Watts :

In that case if you have moved out you are not liable for further fees.

Alex Watts :

This is because your tenancy has technically ended.

Alex Watts :

It ended on 12th March 2015 then it becomes a monthly rolling tenancy.

Alex Watts :

But you are not liable.

Alex Watts :

The tenancy does renew onto a monthly one but its a NEW contract every month.

Alex Watts :

If you moved out then you are not liable.

Alex Watts :

You are entitled to your share of the deposit back.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

JACUSTOMER-znf4tnti- :

but how can i get out of the contract? agency says I am still liable, when i said i moved out the 11th of March

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

You are NOT liable.

Alex Watts :

Its a NEW monthly contract.

Alex Watts :

You are not bound.

Alex Watts :

Its that simple.

JACUSTOMER-znf4tnti- :

and do you have any clue why are they saying all this to me? that I am liable and so on..

Alex Watts :

No idea. If you had moved out early then you would be.

Alex Watts :

If the others wanted to stay then the Landlord should have gotten them to sign a new contract

JACUSTOMER-znf4tnti- :

also they've told me the remaining tenants are the ones responsible of giving me my share of the deposit, not them, as they deposit cannot be taken out unless all the tenants vacate the property. But I did not end up in good terms with the current tenants, many passive aggressive threats etc

Alex Watts :

Indeed, but you can raise a claim if the Landlord refuses to return the deposit as I have suggested above.

JACUSTOMER-znf4tnti- :

and this claim is for free?

JACUSTOMER-znf4tnti- :

and how long do you think I will need to wait until issuing a claim? I moved the 11th of march,, its 25th now

Alex Watts :

No, you have to pay. If you win then costs are added to the claim and you can claim those too.

Alex Watts :

Fees are at:

Alex Watts :

https://www.justice.gov.uk/courts/fees

JACUSTOMER-znf4tnti- :

and how long do you think I will need to wait until issuing a claim? I moved the 11th of march,, its 25th now

Alex Watts :

You have 6 years to bring a claim

JACUSTOMER-znf4tnti- :

and the claim will be against the agency and not the tenants right?

JACUSTOMER-znf4tnti- :

as told you before, the agency is saying that the tenants are responsible of giving me this share

Alex Watts :

Yes agency.

Alex Watts :

The tenants are NOT responsible. The Landlord/agency is

JACUSTOMER-znf4tnti- :

even though we were in a jointly contract? so once again. it is a fact that i moved out the 11th and the contract ended the 12th.. then I'm not liable for anything

Alex Watts :

Yes that is correct.

Alex Watts :

You are NOT liable

Alex Watts :

Does that clarify?

JACUSTOMER-znf4tnti- :

yes, thats great! thanks and one more thing, i haven't given back the keys. I've asked the tenants to tell me when do they want them and they haven't got back to me.. is this a problem? (me holding the keys)

Alex Watts :

No, but really you should give the keys back asap

JACUSTOMER-znf4tnti- :

will this give a problem? the thing is immunised the country for 2 weeks.. so it might be hard to give it earlier

Alex Watts :

No it will not give you a problem. Post the keys back.

JACUSTOMER-znf4tnti- :

do you think I should write to the agency all the info you gave me? that the contract becomes on a monthly periodic basis but if I am out of the property my name shouldn't be there and it is their responablity to make the other tenants sign a new contract

Alex Watts :

Yes I think you should write.

Alex Watts :

Make your position clear.

JACUSTOMER-znf4tnti- :

by email or my post? what do you think is best?

Alex Watts :

Email is fine. But make sure you get a delivery receipt on the email.

JACUSTOMER-znf4tnti- :

how is that? it can be viewed on the "sent" email fodler

Alex Watts :

Because you know then it has been delivered to the recipient

JACUSTOMER-znf4tnti- :

but how can i know that? I just send the email and automatically it will happen right?

Alex Watts :

No

Alex Watts :

Depending on which email program you use, you can click delivery receipt in the settings.

JACUSTOMER-znf4tnti- :

do you know if gmail has that? or would you recommend any program that does so?

Alex Watts :

No idea sorry

JACUSTOMER-znf4tnti- :

and what do you mean by " set out your losses" ?

Alex Watts :

Say how much you have lost.

Alex Watts :

Or what you want back

JACUSTOMER-znf4tnti- :

ok thank you very much

Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Alex!

I have received a new email from the agency.

They insist they are not able to get involved, what should I do?

The email says the following:

Hi Fernanda,

Thank you for your email.

I have taken legal advice on your behalf with our Legal Advisors, to confirm that what I have informed you all along, is correct.

It has been confirmed to me that unless mutual agreement has been made from all parties to terminate the tenancy, being the Landlord, yourself and Samantha & Dexter and the property empty, the tenancy continues. As discussed previously, the deposit is also protected in full until the tenancy is terminated by all parties as explained. I advised all tenants, when you contacted us requesting to leave, that the only way your share of the deposit can be given to you, is for Samantha and Dexter to pay this to you. I am not able to get involved with negotiating this as this is an agreement you decided between the three of you.

Unless a Deed of Assignment is signed by all three of you and a new tenant, if necessary, releasing you from the tenancy, you are responsible for the property and its rent until Dexter and Samantha eventually vacate the property.

Please rest assured that I am not taking advantage of your situation, I am merely pointing out the terms of an Assured Shorthold tenancy. Please do seek legal advice, I would be more than happy to discuss your tenancy terms with your chosen contact.

Kind regards,

Expert:  Ash replied 2 years ago.
They are wrong. The old tenancy is at an end.
It ended when you moved out and the landlord allowed the current tenants to stay,
Alex
Customer: replied 2 years ago.

Thanks a lot!

Which one do you think is the next step i should take?

As the agency keeps neglecting its responsibility to deal with the situation and keeps forcing me to be responsible of the tenancy and of getting my deposit back on my own.

Expert:  Ash replied 2 years ago.
You can sue for the deposit and refuse to pay anything else.
Alex