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Question

Deposits and Tenancy Deposit Schemes (England) | Joint and Several Tenancies (England) | Preventing Controlling and Recovering Rent Arrears (England)

Should rent arrears be taken from deposit or guarantor?

18 Oct 2016 | 1 comment

Tenancy coming to the end of the fixed term and notice accepted. Tenancy in three names, one of the tenants moved out early and has said that she will not pay for the final month as this should be deducted from the deposit. She has a guarantor. The deposit is insured and I understand any issue is a third party dispute. The lead tenant paid the deposit in full from his bank account and has remained at the property. My question is should the rent arrears be deducted from the deposit or should I seek payment from the guarantor and refund the full deposit to the lead tenant.

Answer

1 Comment

  1. guildy

    This is entirely your choice. As the rent is a single rent and the tenancy joint and several, all 3 tenants equally owe the whole rent and you can choose to claim the rent either jointly from them all severally (individually).

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