I had a joint tenancy with someone who moved out prior to the tenancy ending, about 3 months before and left some of their belongings at the property ( mostly rubbish ) and has not been back for them. The 12 month tenancy ended on august 20th and to date the persons possessions are still there with no attempt to collect them at all… basically I want to know if I can legally discard of them now?
What does your tenancy agreement say about how long you will keep their stuff?
You have to make several attempts during the period to give it back to them and have evidence of that.
It doesn’t I don’t think! As it was a joint tenancy we was both on the agreement for 12 months and I don’t think it mentions this due to not anticipating one of the tenants would just up and leave I guess?
Also the other tenant has contacted the landlord for their deposit back and the landlord has emailed me asking me to pay it to them directly and the deposit the landlord currently has will be transferred into my name… I’m against paying the deposit out of my own money as the landlord hasn’t even inspected the property, so if I pay it to the other tenant directly and then the landlord doesn’t return mine for what ever reason I’m out of pocket? Also even though this other tenant hasn’t stayed at the property for the last 3 months leading up to the end of the tenancy I believe they are still liable to pay their share of council tax so I would like to deduct this from any money I send him if I go down that route also… do you have any advice on this at all ?
All contracts have a clause referring to chattle
I would check what the contract says
Whose name was the deposit registered in?
Whose name is the contract in?
Sorry, I thought you were the landlord. In that case I would give it a month and make multiple attempts during the period to give them their stuff and then dispose.
In a joint tenancy, one can’t end their liability unless the tenancy ends for both. Now that the fixed term has ended, the outgoing tenant could serve notice, but that would end it for both of you. The landlord would then have to start again with a new tenancy. Some landlords try to get around the hassle by ignoring the law.
Your response should be based on what you want to happen. If you want to remain as the sole tenant, you could do as the landlord suggests as long as he inspects first and gives the place a clean bill of health in writing. If you don’t think you will stay much longer then you could tell him it’s up to him to refund half the deposit if he wishes.
Thank you for your reply it’s very informative!
Do you feel I will be able to deduct the payments I have had to cover for the council tax from the money I’ve been asked to pay the outgoing tenant?
Deductions from a deposit should be made by the landlord
Whose name is on the contract and the deposit certificate?
All is contestable. If the tenant contests the deductions, the landlord will have to give the money back.
The relationship of a deposit is between landlord and tenant not tenant and tenant.
Thank you, is this something I can request the landlord to do? Return less of a deposit to the outgoing tenant to make up for the council tax they haven’t been paying? Providing we can show evidence of this of course ?
You are not answering my question and without that knowledge I cannot answer yours!
A_A’s helpful post made me think again about the deposit issue. There are at least two lots of primary legislation covering security deposits so perhaps its best not to get involved. You giving him a sum of money equivalent to his share of the deposit is not the same as his deposit being refunded, because you didn’t take it. He would probably still have a claim on the original deposit.
I think you should probably ask ghe landlord if you can have a new tenancy if you want to stay.
You might have to sue the outgoing tenant for the Council Tax if he left suddenly.