Sturgiss & Anor v Boddy & Ors [2021]

EW Misc 10 (CC) (19 July 2021) Case Ref: G02EC127

This case encounters the common scenario where a tenant in a joint tenancy wants to leave part way through the tenancy and finds someone to replace them. Is it as simple as this?

The landlord let a flat to four occupiers with a weekly rent of £349 in 2004. A deposit was taken but as it was before the tenancy deposit legislation was introduced the deposit was not required to be protected at the time. Over the years the tenants had changed with each tenant finding their own replacements.

Miss Sturgiss moved into the flat in October 2018 and paid £1,050 to the outgoing occupiers which included the deposit paid. Miss Gupta moved into the flat in April 2019 and paid £800 to the outgoing occupier which also included the deposit paid.

Miss Gupta subsequently left the flat and her successor covered her share of the deposit. Miss Sturgiss moved out in 2020 but did not find a replacement.