Recovering a Deposit for a property that i no longer live in!!! PLEASE HELP!!?

Question

Ok well this has been going on for months now, so i was wondering if any one could help me!

I was renting a property with my ex partner, we paid half of everything, however i paid the deposit.
After i moved out, i asked my ex on numerous occasions for the deposit, but with no luck!
He is now out of work due to back problems, so the DSS have taken over the payments, after still asking him for it he says he is out of work so has no money.

I decided to take it up with the letting agents. Knowing i wouldn't be able to get the full deposit, i asked for half, as both of our names were on the rent book, they knew we were paying half & half. They said they cant give me anything back! Is this right? Please please help if you can!

Stephen, thanks for that did email the agents with something along those lines, but you made it sound so much better, so also emailed them the way you put it!

Yes that knob head is still at the property! x

Answer 1

Not a good situation.

From the Letting Agent's point of view, they should not give you half a deposit back as they need to hold the full ammount to pay for any damage when the property becomes vacant.

All you can do is make sure that when he leaves, they pay you the deposit direct.

The only way to get it back is from him, which again you don't stand much chance, you could take him to the Small Claims Court, but even if you did, he would probably have to pay it back at 20p a week or something because he is a layabout.

If I was you, I'd go round and nick his sterio / TV etc, and flog them, or charge him the half deposit to get them back

Sorry it's not better news

Answer 2

First of all is your ex still living in the property? Do you have documented proof that it was you who paid the full deposit? If so, then he must reimburse you for the deposit as you no longer live there. If not, have the Letting Agents actually paid back the full deposit to your ex partner? If so, why did they pay it back to him instead of you? You don't say how much the deposit was - if it was over £250 you could take him to the Small Claims Court. I doubt you will resolve this amicably - your ex knows he is in the wrong and doesn't seem too bothered. He now has his own problems so I don't think he will be too sympathetic to yours (bastard).

Good luck.

D.
X

Answer 3

The letting agent is not required to give you any of your deposit back until the place is vacated. Your ex should. If you can not collect from the ex, let the letting agent know that when your ex vacates the property, you would like either a separate check for your half, or the check to be made out to both of you. (This can only happen if the lease has BOTH of your names on it--otherwise you just lost your money unless the ex pays you back when he receives it, or you file a suit against your ex in small claims court after he vacates the property and receives the deposit back.)

Answer 4

It rather depends on the tenancy agreement. If you left the property with the joint tenancy still running then until that is brought to an end, you will be unable to recover the deposit. If this is the case then you are still liable for the rent, even though you do not live there.

If your ex partner has a new tenancy in his sole name, then you are entitled to have the deposit returned. That is because the lettings agent cannot use a previous deposit to serve a new tenancy without the express agreement of you both.

Conversely, if the tenancy is still running then you should serve a Notice to Quit on the lettings agent. That operates to bring the tenancy to an end. You will be able to recover the deposit. If your ex-partner wishes to negotiate a new tenancy agreement, then that is a matter for him.

Answer 5

It sounds like your ex partner is still living in the house? If so, the agreement with the landlord still stands, so he is entitled to hold on to the deposit until the house is vacated by both parties.

The letting agent can't give you back half of the deposit. It is up to your ex to give you it back, as he will be reimbursed the full amount when he does eventually leave - but as he is claiming poverty, I dont hold out much hope for you.

Answer 6

Your personal arrangements with your partner don't make any difference to the letting agents. Legally speaking, you are "jointly and severally responsible", which means in plain english that each one of you is completely responsible for everything despite the fact that either of you had arrangements to pay half.

You are entitled to your deposit being returned if you met the conditions that were originally specified on the rental agreement.

If you failed to meet the conditions, then you are not owed anything. Check whether you did meet the conditions of your deposit being returned on your original rental documents. If you have, then you can take them to small claims court to get it back but you must have the original signed document. If your partner does not also go to court and file claim jointly with you, then you will be returned the full amount.

Answer 7

Sorry but if one is still living at the property you wont be able to get your deposit back from the lettings agency. You need to speak to your ex and tell him that he owes this money. If he says he hasn't got it, you will need to speak to citizens advise and take legal action against him. Make sure that you have the receipt for this deposit as this is all the proof you will need.
Also make sure you name has been taken off the rent book as well!!!!

If all else fails move back in and really p*** him off........

Good luck. x