Valentine’s Day is often associated with big romantic gestures, and for some couples that might involve taking the next step in the relationship and moving in together. While sharing a home can be exciting, for rented properties it is important to consider the implications this has on the deposit.
Whether it’s one partner joining an existing tenancy, or a breakup leading to one tenant moving out, understanding how deposits in joint tenancies work can help avoid confusion later down the line when the tenancy ends.
Moving into a partner’s tenancy
If one tenant is already renting a property and their partner moves in, this does not automatically change the tenancy or who the deposit belongs to.
The tenant should always make sure they get permission from the landlord to move someone new into the property, so that the landlord can update all essential paperwork.
Where the partner is not named on the tenancy agreement, they will not usually have a legal entitlement to the deposit, even if they contribute towards rent or household bills that are under the original tenant’s name.
Adding a partner to the tenancy agreement
If a landlord agrees to add a partner to the tenancy agreement, this creates a joint tenancy. Under a joint tenancy, all named tenants are jointly responsible for:
- Paying the rent
- Meeting the terms of the tenancy agreement
- Any deductions made from the deposit at the end of the tenancy
The deposit continues to be protected as a single amount under the account associated with the deposit.
One partner moves out
Not every relationship lasts, and sometimes this will mean one tenant moving out of the property while the other one stays. If the partner leaving the property has paid towards the deposit, they will likely want their share back when they leave.
For deposits held by SafeDeposits Scotland, either the tenant or the landlord can initiate the tenant changeover process. This will allow them to input the amount of deposit that is to be released back to the tenant who is leaving. A new deposit account will be created, and the landlord may ask the remaining tenant to cover the leaving tenant’s share of the deposit, to make up the full deposit amount.
It is important that a tenant changeover is completed so that the tenancy details can remain accurate, and the leaving tenant can make sure they receive their share of the deposit.
