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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 5235
Experience:  LLB (Hons)
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I have recently sent a NTQ to my landlord due to my ex

Customer Question

I have recently sent a NTQ to my landlord due to my ex husband and I having a joint tenancy. They have advised they will remove my name off the tenancy but not issuing a new contract there for not releasing the deposit even tho my name is ***** ***** certificate, and came out of my bank.
Please can you advise what I need to do?This was the response that I got.Hi Emma – I acknowledge your email & accept that you want your name taking off the tenancy agreement but with regard to the deposit this needs to remain with the property & the issue is for you and Alex to resolve or walk away from the deposit.
Please let me know what you would like to do as we do not want to get caught in the middle of your arguments.
Submitted: 16 days ago.
Category: Law
Customer: replied 16 days ago.
My ex husband wants to stay at the property.
Expert:  SASH_Law replied 16 days ago.

Hello, how are you today?

My name is ***** ***** I am going to see if I can assist you with your query. Let me just read your first post. I may need to ask you additional questions after I have read your initial post.

Customer: replied 16 days ago.
Ok thank you
Expert:  SASH_Law replied 16 days ago.

How do they propose to remove your name from the tenancy if they are not creating a new one?

Customer: replied 16 days ago.
There is currently a joint tenancy that I want my name removing from. Thats why I have issued a NTQ to terminate the old joint tenancy. However they have advised there just going to remove my name off the current tenancy is this correct?
Customer: replied 16 days ago.
But also where do I stand in regards ***** ***** deposit?
Expert:  SASH_Law replied 16 days ago.

On what basis is the other party going to remain in the property then? That makes no sense.

Expert:  SASH_Law replied 16 days ago.

The bottom line here is that if they accept your NTQ, then the joint tenancy is at an end. They have the option to renew the tenancy with the remaining tenant, but that will have nothing to do with you. Your deposit will need to be released and they will need to take a new deposit from their remaining tenant.

If the other tenant does not move out, and they retain your deposit, even though they state they have released you from the tenancy, by law they will not have done so because the other tenant remains, meaning the tenancy continues until it is a) terminated by the second tenant moving out, or b) terminated by virtue of a new tenancy agreement being signed.

So for your current joint tenancy to end, either both of you have to move out, or a new tenancy agreement has to be created for the one to remain. Since the current deposit is for the joint tenancy, if they accept that is terminated, then the deposit has to be released.

Sounds messy.

Customer: replied 16 days ago.
That’s what I thought but there saying the deposit has to stay with the house as the other joint tenant is staying. I’ve asked for a new tenancy to be drawn up between them but there not doing that. The impression I get is the current tenancy will remain but with my name on it
Customer: replied 16 days ago.
Will be removed
Expert:  SASH_Law replied 16 days ago.

The joint tenant may well be staying, and if there is no new tenancy agreement, then the joint tenancy remains. As per my response above. If they accept your NTQ, then the tenancy is over and your deposit has to be returned.

Expert:  SASH_Law replied 16 days ago.

Get it in writing that they release you from the tenancy and accept the NTQ, and then approach the deposit scheme and ask them to refund the deposit.

Expert:  SASH_Law replied 16 days ago.

Thank you so much for using JA and allowing me to answer your query for you.

If you have questions on different topics, you can open a new thread and mark it for my attention by putting FORCustomerONLY in the subject heading, or choosing me as your preferred expert from your membership page.

All the best!