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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 12208
Experience:  Dual qualified Solicitor and Attorney
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I would like some advice on a situation. Bath, Somerset.

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Hi! I would like some advice on a situation.
JA: Where are you? It matters because laws vary by location.
Customer: Bath, Somerset.
JA: What steps have you taken so far?
Customer: None.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nothing

How can I help?

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Customer: replied 9 days ago.
I just received the deposit breakdown for the end of my tenancy with 3 other flatmates. On the breakdown it says that money was deducted from the deposit because 2 of them missed 2 months rent, and it got payed with the deposit. That deposit obviously also includes my share of the deposit and that means my money is being used to pay their rent; so that means i’m not getting my deposit back fully knowing that I paid my rent upfront at the beggining of the tenancy. Is there anything I can do to get my money back?

Yes you can remind the landlord/agent that deposit money cannot be used for missed rent and if they fail to return your deposit in full you will take legal action. I trust this assists

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Customer: replied 9 days ago.
Are they not allowed? The deduction is filed as « Rent arrears claims » and these are the following clauses in the tenancy agreement that support their claim:7.5.2 Any rent or other money due or payable by the Tenant under the Tenancy of which the Tenant has been made aware and which remains unpaid after the end of the Tenancy. This will include a fee which any Agent is entitled to recover from the Tenant.
8.1.1 To pay the rent according to the terms of this Agreement whether formally demanded or not in accordance with clause 3.
8.1.2 For a tenancy in England: The Tenant shall pay to the Landlord interest at the rate of 3% per annum above the Bank of England base
rate from time to time on any rent or other money payable under this Agreement remaining unpaid for more than 14 days after the day on which it became due.

No they cannot deduct rent arrears from the deposit as I said above. I trust this assists

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Customer: replied 9 days ago.
Okay. The agent also told me this when I confronted them about the deposit.unfortunately as you were all joint tenants the deposit is joint and liable. I understand this can be frustrating as you have paid your rent and my only advice is you talk to your fellow tenants and attempt to arrange it via them. This is something we do not get personally involved with as the deposit guidelines are that you are all liable. We have contacted their guarantors too. If you do speak to the other tenants please provide me with an update.

I see, well I recommend you take legal action against the agent. 

If you want to bring a legal case you should complete a claim form using form N1 here: https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

Once done send it to your nearest county court: https://www.gov.uk/find-court-tribunal

You will need to contact them and pay the issue fee. I trust this assists 

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Customer: replied 9 days ago.
I’ve emailed the agent about this, but I did some research and apparently it is legal to deduct missed rent from the deposit. Every website I’ve found states that.

Sure but they cannot deduct someone else;s missed rent from your deposit unless it is a joint tenancy which unfortunately it is. I trust this assists

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Customer: replied 9 days ago.
what kind of legal action should I take? If the agent is not in the wrong, is it possible to take legal action against the tenants who missed rent?

No unfortunately you cannot take legal action against the agent or the tenants because you are jointly liable under the tenancy agreement. I trust this assists

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