UK Landlord Forum / Life

Hi I hope some one can help!
I'm a private landlord who is being sued for not securing deposit, I knew nothing about it!
However I took the deposit during a joint tenancy with let's say miss a and mr b. miss a paid the deposit to me and they signed a 6 month contract. After that miss a moved out and mr b continued for another 9 or so months.
I am now being sued for compensation by mr b.
my point is, should I be compensating them (at the courts discretion) half each, as the deposit was originally paid at the commencement of the original 6 month tenancy, or the full amount to mr b as he is the one taking me to court and had the 9 month agreement on his own?
My problem is that if I only compensate him, there's nothing stopping miss a from doing the same as I didn't protect the deposit?
Thanks in advance for any imput!

Well, the annoying thing is you should have re secured the deposit at the end of the original 6 month tenancy aswell.

Quote from: Privatelandlord on April 12, 2014, 09:40:07 PM
I'm a private landlord who is being sued for not securing deposit, I knew nothing about it!

You knew nothing about having to secure it?

You are going to need professional advice mate.

I know of all of these things now! However is there anything I can do now?

Quote from: Privatelandlord on April 13, 2014, 09:57:35 PM
However is there anything I can do now?

Get Professional advice!

Have you at least secured the deposit at some point and issued PI?

http://www.gardencourtchambers.co.uk/imageUpload/File/Localismarticle5Apr12.pdf

This from Erik says quite clearly that a joint tenancy can only claim as a joint tenancy.....

Thanks for the advice so far!
Can't see where is states that the joint tenancy would require both to sue or that they would be entitled to half each?
Also, I don't believe he has a signed copy of the tenancy agreement, therefore would be difficult for him to prove that there was an actual short hold tenancy agreement in place, thus no requirement to protect deposit?

Quote from: Privatelandlord on April 14, 2014, 10:35:57 PM
Thanks for the advice so far!
Can't see where is states that the joint tenancy would require both to sue or that they would be entitled to half each?
Also, I don't believe he has a signed copy of the tenancy agreement, therefore would be difficult for him to prove that there was an actual short hold tenancy agreement in place, thus no requirement to protect deposit?

Do you have one? 

Regardless of if you do a tenancy was created by him living in the house and you accepting rent.  A tenancy agreement can be verbal AFAIK.

Well I read it and it says it, would you like me to highlight that section for you?

Really I don't mind, save you the bother......


Can I have £120 first though......

I'll do it for £99.

It starts "Where there is more than one tenant, the claim......................" forward the fee and I'll paste the complete paragraph.

You are such a tease.......

I like this forum because people rip the piss out of each other without a moment of hesitation. Some other places are too polite.

Still, that funeral forum you get lots of rich Grannies....

Quote from: Hippogriff on April 15, 2014, 10:53:51 AM
I like this forum because people rip the piss out of each other without a moment of hesitation. Some other places are too polite.

Very true Griff.  I'm on the other property forum you post on aswell.  Wonder if you can guess who I am on there?

http://www.fwi.co.uk/community/forums/sheep-farming-31466.aspx

Easy

Quote from: Privatelandlord on April 12, 2014, 09:40:07 PM
Hi I hope some one can help!
I'm a private landlord who is being sued for not securing deposit, I knew nothing about it!
However I took the deposit during a joint tenancy with let's say miss a and mr b. miss a paid the deposit to me and they signed a 6 month contract. After that miss a moved out and mr b continued for another 9 or so months.
I am now being sued for compensation by mr b.
my point is, should I be compensating them (at the courts discretion) half each, as the deposit was originally paid at the commencement of the original 6 month tenancy, or the full amount to mr b as he is the one taking me to court and had the 9 month agreement on his own?
My problem is that if I only compensate him, there's nothing stopping miss a from doing the same as I didn't protect the deposit?
Thanks in advance for any imput!

Prior to current legislation that requires the person taking a Bond from a tenant to place it with one of the government approved bond holding agencies a Deposit would be kept by the landlord and placed in a separate bank account; things, however have changed and you leave yourself wide open to action by a tenant; be warned.

Thanks for your comments, but does anyone actually know if they both have to sue if it was a jet tenancy initially? Even if there is no signed agreement? Even if only one if filing a claim??
Thanks in advance

You were given the answer ages ago, all you have to do is read the PDF and find the relevant part that Boboff gave the link to.  I'd have thought you could take the time to read it as it's pretty serious (not meaning to take the mickey)

Here's the link again

http://www.gardencourtchambers.co.uk/imageUpload/File/Localismarticle5Apr12.pdf

See my post about finding the relevant part for you.