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Tenant Deposit

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  • 02-02-2014 2:45am
    #1
    Zak Flaps
    Registered Users Posts: 2,342 ✭✭✭


    Hi.

    One of my fellow tenants is leaving soon, when the lease is up. Myself and another are staying on.
    When the lease is up, we will have been here 3 years.
    Should the one leaving be expected to get his full deposit back?


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    #2
    the world wonders
    Registered Users Posts: 489 ✭✭the world wonders


    Zak Flaps wrote: »
    Should the one leaving be expected to get his full deposit back?
    :confused: Why would he not get his full deposit back?


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    #3
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    Zak Flaps wrote: »
    Hi.

    One of my fellow tenants is leaving soon, when the lease is up. Myself and another are staying on.
    When the lease is up, we will have been here 3 years.
    Should the one leaving be expected to get his full deposit back?

    Once the landlord is satisfied with the condition of the property of course the tenant leaving should get the share of the deposit he contributed. The next tenant in should pony up his deposit or else the landlord will require the first two to make up the balance


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    #4
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    Ideally speaking the landlord would come over, carry out an inspection, return the deposit in full (or what is to be returned after deductions), and then take a new deposit from the remaining tenants for the continuing tenancy.

    In reality, an incoming tenant would pay their deposit to the departing tenant, or if there is no incoming tenant then the remaining tenants would sort the departing tenant with their deposit, knowing they will make it up when they leave themselves.


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    #5
    Gasherbraun
    Registered Users Posts: 312 ✭✭Gasherbraun


    Zak Flaps wrote: »
    Hi.

    One of my fellow tenants is leaving soon, when the lease is up. Myself and another are staying on.
    When the lease is up, we will have been here 3 years.
    Should the one leaving be expected to get his full deposit back?

    Assuming you are on a joint tenancy agreement and therefore have joint and several liability your tenancy is ongoing and your landlord is entitled to hold a full deposit until the tenancy fully ends at which point it should be disbursed in the normal way. He is not obliged to return the deposit partly or in full until that time.

    In the circumstances you describe, a tenancy split, it is normal for the remaining tenants, or a new tenant, to sort the deposit out with the outgoing tenant.

    If you have no joint tenancy and rent rooms then the landlord needs to deal with deposit in the normal way.


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    #6
    Gasherbraun
    Registered Users Posts: 312 ✭✭Gasherbraun


    djimi wrote: »
    Ideally speaking the landlord would come over, carry out an inspection, return the deposit in full (or what is to be returned after deductions), and then take a new deposit from the remaining tenants for the continuing tenancy

    I looked after a lot of residential property in the UK and we always had to treat tenancy splits this way - inventory checkout at changeover. It is indeed the correct way but a lot of work and it also assumes the landlord / agent knows about all changes in tenancy and has an agreed inventory. Without doing this though a tenant added to a lease mid term is assuming liability for the whole tenancy term.


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