Getting a deposit back?

MarthaMyDear

Hi

Just wanted to ask what the story is with getting back your deposit on a rented house. Last August I moved in with three other housemates who had already signed the lease and were looking for somebody to rent the last room. We all paid a month's rent as a deposit to the landlord. Now I'm wondering what happens when I have been here for a year in the summer and I want to move somewhere else. They are planning to stay here another year so would have to find somebody to rent my room. As we pay for the house in one payment to the landlord every month, not rent the rooms separately off him, is this going to be difficult for me to get my deposit back?

I don't really get on with one of them which is why I'm going to look for somewhere else in the summer. Just for a few petty reasons including him going mad at me for turning the heat off when I was the only person in the house (he likes to have it on for 5 hours a day no matter what the weather :rolleyes:) and I have also heard him bitching about me saying I eat loads of takeaway food etc (this isn't true but no point getting into it ). The two room mates lived together last year so it has just been very hard to settle in. I work a lot and mainly stay in my room when I'm home but its gotten to the point where I avoid going down to make food when they're downstairs as they usually ignore me and it's quite awkward. It's getting a bit miserable anyway to be paying this much rent and having to hide in my room so need to know asap if I can get my deposit back when the lease is up and find somewhere else!

I heard him say that if they were keeping the place for another year then there's nothing I can do as the four of us rent it together

davo10

Is your name on the lease?, if not, is the leaseholder subletting a room to you?

MarthaMyDear

My name is on the lease yes

davo10

Then you just give the LL notice as per the tenancy agreement and request your deposit back at the end of it's term.

D3PO

davo10 wrote: »

Then you just give the LL notice as per the tenancy agreement and request your deposit back at the end of it's term.

Its not quite that simplistic. If all 4 names are on the lease and the other 3 are refusing to leave the OP's notice means nothing to the LL (they have already clarified its one payment to the LL so rooms are not being rented separately)

In that case its for the OP to sort with the other leaseholders. They can move out but all 4 would remain libel for the rent and they wouldn't be entitled to their deposit back as such as the tenancy still exists unless the remaining 3 signed a new lease without the OP on it.

In theory what will have to occur is that the OP or the other 3 will need to find somebody to move in, the lease will need to be amended with the new person on it as opposed to the OP and the new person will then give the OP the "deposit" back.

All in all these house share situations are messy but that's what will have to occur.

davo10

D3PO wrote: »

Its not quite that simplistic. If all 4 names are on the lease and the other 3 are refusing to leave the OP's notice means nothing to the LL (they have already clarified its one payment to the LL so rooms are not being rented separately)

In that case its for the OP to sort with the other leaseholders. They can move out but all 4 would remain libel for the rent and they wouldn't be entitled to their deposit back as such as the tenancy still exists unless the remaining 3 signed a new lease without the OP on it.

In theory what will have to occur is that the OP or the other 3 will need to find somebody to move in, the lease will need to be amended with the new person on it as opposed to the OP and the new person will then give the OP the "deposit" back.

All in all these house share situations are messy but that's what will have to occur.

In first post, OP seems to be saying, albeit not very clearly, that she will have been there for a year in the summer when OP intends to move out and that housemates are renewing for another year. Can we then take it that the lease she signed has run its term (hopefully OP will clarify this), if so, OP can leave and get deposit back

D3PO

davo10 wrote: »

In first post, OP seems to be saying, albeit not very clearly, that she will have been there for a year in the summer when OP intends to move out and that housemates are renewing for another year. Can we then take it that the lease she signed has run its term (hopefully OP will clarify this), if so, OP can leave and get deposit back

Well maybe. It would solely depend if the other 3 sign a new lease or not. If they don't then all 4 are party to the part 4 conditions. They are jointly libel so if they do not sign a new lease and as such the OP moving out does'nt change that as without them all leaving they are still all libel.

djimi

davo10 wrote: »

In first post, OP seems to be saying, albeit not very clearly, that she will have been there for a year in the summer when OP intends to move out and that housemates are renewing for another year. Can we then take it that the lease she signed has run its term (hopefully OP will clarify this), if so, OP can leave and get deposit back

The OP is not a seperate entity here. If the OP wants to move out then they need to come to an agreement with the landlord to allow them to leave and have their name replaced on the lease. The new tenant would presumably cover their deposit when they depart.

The only other option is for the entire lease to be terminated and for all parties to either move out, or sign a new lease without the OP.

miss no stars

Easiest thing to do:

1. Tell your housemates you'll be moving out at the end of the lease. They might have friends looking for a room so giving them plenty of notice of your intentions is a good idea.

2. Tell the landlord that you will be moving out at the end of the lease, the others won't, and a new person to replace you will be found.

3. Find new person, they give you the deposit, the three others plus new person sign lease renewal. The landlord(/person moving in) might want (the landlord) to inspect to make sure you wouldn't be liable to lose any deposit due to damage.

I don't think it's technically the correct way of doing it but if your landlord is happy with the 4 of you and you've been keeping the place in good nick I doubt they'd be against it. Especially as it removes the risk of having the place empty for a month or so and the cost of turning it over. Anywhere I've ever rented, looked at or heard of from friends has done the same when one person is leaving and everyone else staying.

davo10

D3PO wrote: »

Well maybe. It would solely depend if the other 3 sign a new lease or not. If they don't then all 4 are party to the part 4 conditions. They are jointly libel so if they do not sign a new lease and as such the OP moving out does'nt change that as without them all leaving they are still all libel.

Could you google part 4 tenure please and read it. Part 4 tenure provides the tenant security of tenancy after 6 months, it does not say that the tenant is obliged to enter into a new contract nor continued tenancy once the existing term contract has ended.

If the OP signed a lease for one year and that term is ending at the time she wants to move out, that contract has concluded and she can move out with her deposit. If the others want to negotiate a new contract or continue on as per Part 4 that is their business but Part 4 does not supersede a contract, it provides rights to the tenant after an existing contract has ended provided it is over the 6 months.

OP, could you clarify, do you want to leave after your lease ends or before it ends.

djimi

davo10 wrote: »

If the OP signed a lease for one year and that term is ending at the time she wants to move out, that contract has concluded and she can move out with her deposit. If the others want to negotiate a new contract or continue on as per Part 4 that is their business but Part 4 does not supersede a contract, it provides rights to the tenant after an existing contract has ended provided it is over the 6 months.

The OP does not have their own lease; they are a signature on a joint lease that covers all the tenants.

The OP is free to move out at any point, but full rent will still be due from the other tenants, and the landlord is not obliged to return part of a deposit to one tenant who is leaving. If the OP wants their deposit back then they will either have to find a replacement tenant, or all tenants will have to agree to terminate the tenancy.

D3PO

davo10 wrote: »

Could you google part 4 tenure please and read it. Part 4 tenure provides the tenant security of tenancy after 6 months, it does not say that the tenant is obliged to enter into a new contract nor continued tenancy once the existing term contract has ended.

If the OP signed a lease for one year and that term is ending at the time she wants to move out, that contract has concluded and she can move out with her deposit. If the others want to negotiate a new contract or continue on as per Part 4 that is their business but Part 4 does not supersede a contract, it provides rights to the tenant after an existing contract has ended provided it is over the 6 months.

OP, could you clarify, do you want to leave after your lease ends or before it ends.

What you seem to be missing is the OP is not a single entity in the rental. ALL 4 signed the lease all 4 are jointly libel.

The OP cannot irradiate themselves from this agreement after the lease. If they don't all leave then they are ALL locked into the part 4 tenancy.

The deposit is for the tenancy. If the other 3 don't move out the tenancy still exists and there is no obligation to return the deposit for an ongoing tenancy. This means the OP isn't entitled to their deposit back as the tenancy still runs.

davo10

D3PO wrote: »

What you seem to be missing is the OP is not a single entity in the rental. ALL 4 signed the lease all 4 are jointly libel.

Up until the date the existing contract ends. As stated, if the others want to sign a new contract, so be it, OP is not required to be a part of that new contract.

djimi

davo10 wrote: »

Up until the date the existing contract ends. As stated, if the others want to sign a new contract, so be it, OP is not required to be a part of that new contract.

The OP is free to move out at any point, but until the tenancy in its entirety ends, the full desposit will stay with the landlord. If the OP wants their portion of the deposit back then they either get it from an incoming tenant, or they get it from the existing tenants, but either way its between the OP and their housemates, not the landlord.

D3PO

davo10 wrote: »

Up until the date the existing contract ends. As stated, if the others want to sign a new contract, so be it, OP is not required to be a part of that new contract.

That's not correct. You cannot arbitrarily decide to remove yourself from a contract. The 4 of them are jointly in a contract the rental agreement doesn't not cease at the end of the 12 months unless they all move out so the OP is still libel.

The LL is not required to reregister the tenancy if it goes part 4 and the OP moves out. That's because the PRTB don't recognize this as a new tenancy.

If its not a new tenancy then the old one still exists, if the old one still exists no deposit would need to be returned.

davo10

D3PO wrote: »

That's not correct. You cannot arbitrarily decide to remove yourself from a contract.

If the OP signed a contract of defined duration, for example one year, she does not need to remove her name from the contract, after one year there is no contract unless she wants to stay on in which case part 4 security of tenure kicks in. She is not joined indefinitely to the other signatories, only during the term of the contract she signed. If she stayed on beyond the end if the contract, then that is a different matter.

djimi

davo10 wrote: »

If the OP signed a contract of defined duration, for example one year, she does not need to remove her name from the contract, after one year there is no contract unless she wants to stay on in which case part 4 security of tenure kicks in. She is not joined indefinitely to the other signatories, only during the term of the contract she signed. If she stayed on beyond the end if the contract, then that is a different matter.

Who do you feel owes the OP their deposit?

davo10

djimi wrote: »

Who do you feel owes the OP their deposit?

Unfortunately that's the tricky bit, in all likelihood the LL will be unhappy about giving it back and the other tenants will be unhappy about having to find another tenant. Part 4 tenancy legislation is there to protect the rights of the tenant not the landlord, it prevents the LL ejecting you at the end of a lease longer than 6 months and provides for lease terms and conditions as per the original contract. The tenants can leave at any time by giving the required notice, it does not provide legislation that gives a LL the power to require you to stay beyond your original contracted term.

I wish the OP would post some details about the lease term and if she is leaving on expiration, if she is then she is entitled to request it from the LL who in turn will demand that the remaining tenants make up the shortfall if they are staying on under a new contract or part 4 tenancy. If they get a new fourth tenant than this person pays the LL.

Their is no doubt that the ideal scenario is that a new tenant is found before OP moves out and this person gives the deposit to the OP. For that reason I think its best if OP informs both tenants and LL of her intentions to leave on expiration of the lease and hope that neither are awkward but I don't like her chances with her current housemates.

djimi

To be honest, youre just repeating what I have already said, but have overcomplicated it. The OP has said that their housemates plan to stay another year, so in reality the landlord is not going to be returning any money to anyone.

Right now as it stands the OP can get their deposit back in one of two ways:

- If another tenant is found then they will give their portion of the deposit to the landlord.

- If the three remaining tenants are not going to replace the OP then they will make up the portion of the deposit out of their own pockets to give to the OP, knowing that they will get it back from the landlord when they leave.

Sligo1

MarthaMyDear wrote: »

Hi

Just wanted to ask what the story is with getting back your deposit on a rented house. Last August I moved in with three other housemates who had already signed the lease and were looking for somebody to rent the last room. We all paid a month's rent as a deposit to the landlord. (

Sorry OP this is just a little unclear. Are you DEFINITELY on the lease? Did you yourself physically sign the lease agreement that the other 3 people are named on when you moved in?

If you have not physically signed the lease agreement you are in actual fact not on the lease and are subletting. If you are subletting the rules are not as 'strict' for you as they are for the other tenants. I'm sure myself and others can elaborate further once you clarify in regards to the lease.