Deposits in Joint Tenancies
Joint tenancies can often present difficulties when dealing with deposit returns. It is important to remember that, when in a joint tenancy, the tenants will be severally liable in respect of their responsibilities and liabilities. In the event that one or more of the tenants fails to adhere to the terms of their contract then the liability can, and often will be transferred to the other tenants on the contract. E.g. If one tenant fails to clean his/her bedroom then the other tenants will ultimately share the burden of the cost for bringing the property back to a clean condition.
In the event of a dispute then in the first instance, both Tenants and Landlords should seek to deal directly with the agent as a means of adjudication. Should it not be possible for the agent to help reach agreement then the tenant and the landlord may seek independent adjudication through the Tenancy Deposit Scheme operated by;
The Dispute Service,
Tel: 0845 226 7837
This is a free and extensive adjudication service where the adjudicator will make case by case factual decisions based on the supporting evidence provided. Please note that this service may prove more time consuming than reaching an agreement directly between the landlord and the tenant. It is also possible that the final TDS adjudication may produce a financial verdict that was better or worse than the initial proposal.