Tenant deposit

Is it legal for a landlord to keep most of your deposit (approx £290 each) in order to cover another tenant in the agreements rent, even though he was unable to ever live there from the beginning of University due to having cancer? :confused:

Reply 1

Darab_1496

Doubt it

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Reply 2

Katie_p

It depends on the tenancy agreement - as a student you are probably collectively "the tenant" which means you are jointly and severally liable. Check your contract as it will state whether this is the case.
Joint and several liability means the landlord can seek to recover rent from any one of you if another tenant doesn't pay on time - which is why it's always important to know that your housemates are sensible with money when entering a contract with them! I'm not sure whether this specifically applies to deposits, but since it applies to rent, I don't see why it wouldn't.
The best thing to do is to speak to the tenant who pulled out and see if he can cover the rent - insurance may well cover it as his absence was due to illness. If he pays up, your landlord will have to return your deposite (minus reasonable deductions for repairs etc.) or he can simply pay the amount to you and other tenants. Given his circumstances, I know that might not be pleasant, but you're unlikely to get further legally without doing so as the first step.
If the other tenant can't or won't pay the rent for whatever reason, seek legal advice.