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Joint tenants disagree over who caused the damage

Started by Ria, April 03, 2015, 12:46:32 PM

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Ria

Hi all,

This is my first post, so am hoping someone can help.

I have 2 tenants, who are joint tenants on an assured shorthold tenancy. They have fallen out with each other (for various reasons) and now want to move out and are still in the contract period, but we have agreed to accept a months notice. One did in fact already move out without telling me, or the other tenant, although he did agree to meet and has paid this months rent.

The problem is that they have a dog each (which they did not tell us about until a neighbour mentioned it recently and we approached them about it). The tenancy states there should be no pets.

At least one of the dogs has caused damage to the property, including teeth marks in two armchairs, teeth marks and part chewed away from the living room door, corners of settee cushions chewed and a section of one of the bedroom doors missing from being scratched.

The tenant whose bedroom door is damaged has admitted that the door is his dogs fault and his responsibility but they both blame each other for the rest of the damage. The tenant who is still in the property wants me to agree that the costs for the damages should come out of the other tenants deposit and not his, which obviously I have not agreed to, as I can not know whose dog did what. He also wants me to confirm that any portion of bills left unpaid will come out of the other tenants deposit, but again I'm not sure how I can know who paid what.

I do not want to get into the middle of their disagreement(s) and am wondering if it is as simple as they are joint tenants, so have joint liability for damages and any unpaid bills/rent and so it comes out of the deposit as one lump sum? Or am I somehow responsible for working out who owes what and dividing it? And can this even be done as the deposit is in a protection scheme and I can't find a phone number for them to ask what I should do, or if this is something they deal with?  :o Have never had a problem like this so at a loss where to start, so any advice would be gratefully appreciated.

Thanks all  :)

Hippogriff

In your eyes, and that of the deposit protection scheme, there is just a deposit. There isn't a deposit of £500 and another deposit of £500, there is just one deposit of £1,000.

There is also a Lead Tenant... that's who the deposit (minus any - agreed - deductions) is returned to.

This is my experience of the DPS anyway.

Do not get involved in the arguments between your Tenants. Do not do any maths for them.

gls

Agree with Hippogriff.  Just have your relevant amounts of money taken from the deposit and let them slug it out between themselves, it's not your job to be referee.
I think though that you are entitled to more than the one month notice if they wish to break the tenancy.  I'm sure someone will comment on that but it's my feeling that you are entitled to three months rental payment.
Looking forward to hearing other posts on this.