Housemate broke tenancy agreement, where does that leave me?

So long story short, my friend did something (won’t mention here as it isn’t pertinent) that broke the tenancy agreement we all signed. We all have independent deposits, and the property was let as a whole property to us.
Where does that leave me and the other housemates? Is there anything we should be worried about? Can our deposits be taken away because of our friend?
Thanks in advance

Reply 1

Muttley79

20

Original post by SacredUnicorn

So long story short, my friend did something (won’t mention here as it isn’t pertinent) that broke the tenancy agreement we all signed. We all have independent deposits, and the property was let as a whole property to us.
Where does that leave me and the other housemates? Is there anything we should be worried about? Can our deposits be taken away because of our friend?
Thanks in advance

What does the contract say?

Reply 2

GMDB

9

Original post by SacredUnicorn

So long story short, my friend did something (won’t mention here as it isn’t pertinent) that broke the tenancy agreement we all signed. We all have independent deposits, and the property was let as a whole property to us.
Where does that leave me and the other housemates? Is there anything we should be worried about? Can our deposits be taken away because of our friend?
Thanks in advance

OK so helping tenants in deposit disputes is what I do for a day job, so I think I can help here! :smile:

This is probably not as bad as you think, but let's get into it...

Your deposit is ring-fenced by the deposit protection scheme until the end of the tenancy - so until then nothing can happen to it.

Once the tenancy has ended, the landlord will usually arrange for a check-out report. You can be charged for any deterioration in cleaning between the inventory and the check-out report, but only the actual cost of cleaning the items identified (not a standard £x charge).

Most importantly in your case. you can also be charged for any damage/wear on items in the house between the inventory and check-out report that go beyond Fair Wear and Tear. Fair Wear and Tear is a subjective concept, which is why any deposit deductions should ALWAYS be escalated to the deposit scheme to decide how much money the landlord should be awarded (if any). The scheme is impartial, the landlord is not. So never accept the landlord's deductions!

However, no matter how at fault the tenants are, the tenants cannot be charged the full replacement cost. If there was a new hallway carpet whe you moved in, and you destroy it and it's £500 for a replacement, you can't be charged £500! This is because the carpet wouldn't have been returned brand new in any event, so you can't be charged for the full price of providing the landlord with a new replacement.

You can only be charged for the lost lifespan. Every item in the home has an expected lifespan. In this hypothetical example that new £500 carpet had a lifespan of 5 years from new (so loses £100 of value a year). You should have returned a carpet with 4 years left (£400 value left), but instead it was destroyed, so had 0 years of life left. The landlord has lost £400.

So even in this extreme example, you would be charged £400 under the law and deposit scheme guidance, not £500.

Now landlords will often still try and charge the full replacement cost, but this is why you let the deposit scheme adjudicate on any deposit deductions. They should apply the law correctly and would ensure you don't pay the full replacement cost - but it helps to say the right things in your evidence (happy to help with pointers on that).

Does all that make sense? Happy to discuss your specific situation in more detail and provide some more advice on here..

(edited 1 year ago)

Reply 3

tinyperson

18

Heya
It is best to take a inventory of your items. You may also need to seek legal advice.

Reply 4

DataVenia

Volunteer Team, Clearing and Applications Advisor

21

Original post by SacredUnicorn

So long story short, my friend did something (won’t mention here as it isn’t pertinent) that broke the tenancy agreement we all signed.

Are you sure it's not pertinent? Did they do something which damaged the property in some way, or which would cause the landlord to incur costs?

Or did they do something like get a goldfish (when the agreement says no pets), or sell drugs from the property (when the contract says no illegal activity)?

Also, does the landlord know that this thing happened? Have they commented at all on that fact?