Questions on deposit - mold, non-working heater, renewal form I didn't see

pwd

I am sharing an apartment. I need to move out.

I was told that if the other tenant moves out too the deposit will be forfeit. I signed the original lease. As far as I knew that was rolling at the moment. They say that there was a renewal form until the end of August. I dont recollect even seeing this, let alone signing it. They say that a signature from one tenant is sufficient to be binding for both. This makes no sense to me because I dont see how I can be bound by a document I didnt know existed and did not sign. Is this correct?

The bathroom ceiling is covered in mould. The heater in the main part of the apartment is not working. The letting agent was made aware of these issues months ago. They claim they were not informed about them. Also the secondary bedroom which I am now using is daughty, beside the head of the bed. They were not made aware of this. They claim that this is not sufficient grounds to termiinate the lease because they claim they were not made aware of it before.

They also attempted to double charge one month, and insisted on seeing my bank statement to see that the money had been paid to them, until the lady in the bank informed me this was completely illegal, and suddenly they found the record of payment. This was over a year ago though, and on a different property with the same agent.

What is my position regarding the deposit?

Thanks.

pwd

Ok it says on threshold that notice of the need for repairs needs to be submitted in writing. This was not done in writing, so I probably dont have a case, unless there is something special for mould etc?

However I still find it hard to believe I am held by a renewal form that I did not see. That said, it says on threshold that I need to give 6 weeks notice anyway, which I am not in a position to give, so that is probably a moot point...

pwd

Another question: I paid the full deposit. If the other tenant stays on they said there is no problem, and that I can get the deposit money back from them. I can see them refusing to give it to me. Can I ask for the agent to refund the deposit to me, and get the deposit from the other tenant, or are they entitled to say that I need to deal directly with the other party? I suspect the latter is the case

silja

who did you pay deposit to?

pwd

I paid the deposit to the letting agent.

Ciara22

If the property is unfit to live in, then the landlord is in breach of his lease agreement. You must give the landlord or his agent a reasonable amount of time to repair any damages to the property however, if they do not know about damages, then you cant expect them to be repaired.

That said, even if you only told them verbally, they should have tended to the problems mentioned by now. If they are still not repaired by now, then they are in breach of the lease agreement.

Please bear in mind that landlords must adhere to the Minimum Standards for Housing to keep the property in good repair or you are entitled to move out. Also, if you have not signed a renewal lease agreement or confirmed that you are renewing the lease in writing, then you are not bound by the agreement.

It really sounds like this agent is chancing his arm here and if he has your deposit, you would have reasonable grounds to pursue him through the PRTB disputes.

antoinolachtnai

If you are not vacating the property (i.e., not leaving the property vacant) there is no reason to pay you back a deposit. You will need to get it from your joint tenant.

pwd

I went into them with the receipt for the original deposit. They finally produced the lease renewal form. It had my name written on it in what was very clearly the co-tenant's handwriting, and in no way resembled my signature - they didn't try to pretend that it did. They still argued I was bound by this, because the co-tenant had signed it. I tried to explain that they couldn't take my money and then decide the status of it with someone else without my knowledge or consent; that I wasn't bound to a document I didn't sign.

They still wouldn't listen, so I need to take it further. Emailed threshold about it anyway, and will see what they say. Also will go to one of those free legal advice places when I am available to do so.

[I also mentioned their previous demand to see my bank statement to prove I had paid rent, when I had paid rent - which was completely illegal. They suddenly found the record of payment when I told them so. He was not apologetic at all for that either.]

variety

pwd wrote: »

[...]the lease renewal form. It had my name written on it in what was very clearly the co-tenant's handwriting, and in no way resembled my signature - they didn't try to pretend that it did. They still argued I was bound by this, because the co-tenant had signed it.

The Residential Tenancies Act 2004 (RTA) is very very clear on the rules regarding a Part 4 Tenancy with multiple tenants. There are more than 2, but these ones are the most important for your situation:

1. All tenants names on the lease agreement are jointly and severally responsible for adhering to all of the lease's conditions.
(This means, if one tenant does not pay rent, then the other tenants are responsible for ensuring the entire rent is paid in full and on time).

The one that is most important to you, however is the following:
2. If one Tenant signs the lease agreement on behalf of all other named tenants, it is solely the signature tenant's responsibility to adhere to all conditions in that lease.
In other words, you cannot be held to the conditions of the lease because you did not sign it.

All of the above only matters if you in a Part 4 Tenancy (which you, specifically, would be, since you did not sign the renewal lease). The other Tenant would be bound by the fixed term renewal agreement but you are not.

Regardless, you are still required to give the relevant notice in writing (35 days if you've been in the property between 6 and 12 months; 42 days if between 12 and 24 months; 56 days if more than 24 months in property).

pwd

variety wrote: »

The Residential Tenancies Act 2004 (RTA) is very very clear on the rules regarding a Part 4 Tenancy with multiple tenants. There are more than 2, but these ones are the most important for your situation:

1. All tenants names on the lease agreement are jointly and severally responsible for adhering to all of the lease's conditions.
(This means, if one tenant does not pay rent, then the other tenants are responsible for ensuring the entire rent is paid in full and on time).

The one that is most important to you, however is the following:
2. If one Tenant signs the lease agreement on behalf of all other named tenants, it is solely the signature tenant's responsibility to adhere to all conditions in that lease.
In other words, you cannot be held to the conditions of the lease because you did not sign it.

All of the above only matters if you in a Part 4 Tenancy (which you, specifically, would be, since you did not sign the renewal lease). The other Tenant would be bound by the fixed term renewal agreement but you are not.

Regardless, you are still required to give the relevant notice in writing (35 days if you've been in the property between 6 and 12 months; 42 days if between 12 and 24 months; 56 days if more than 24 months in property).

Thanks that is informative and useful.

I didn't give the full period of notice. However this was because 1) they told me it would make no difference, and 2) it was impossible to live there for various reasons, including the mould issue.