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jcarver007
Posts: 128 Forumite
So, looking for advice as to whether I should have the rent money I paid into my ex's account paid back to me.
Background to situation was that I had to leave my exes house one day fairly suddenly during a sudden break down in the relationship. This happened the day after my money for that month went into her account. Obviously this led to a large expenditure on my part having to stay in hotel with my children till a flat was found.
Requests for the money have been refused. Do I have the right to ask for that months money be paid back to me if I wasn't there for that month?
Any advice appreciated
Background to situation was that I had to leave my exes house one day fairly suddenly during a sudden break down in the relationship. This happened the day after my money for that month went into her account. Obviously this led to a large expenditure on my part having to stay in hotel with my children till a flat was found.
Requests for the money have been refused. Do I have the right to ask for that months money be paid back to me if I wasn't there for that month?
Any advice appreciated
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Comments
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jcarver007 wrote: »So, looking for advice as to whether I should have the rent money I paid into my ex's account paid back to me.
Background to situation was that I had to leave my exes house one day fairly suddenly during a sudden break down in the relationship. This happened the day after my money for that month went into her account. Obviously this led to a large expenditure on my part having to stay in hotel with my children till a flat was found.
Requests for the money have been refused. Do I have the right to ask for that months money be paid back to me if I wasn't there for that month?
Any advice appreciated
Were you a joint tenant?
If so, then you're liable for the rent, or your 'half' so no. If you are a joint tenant the landlord can ask you to pay the lot if your ex doesn't.
When you say 'money for that month' I assume you just sent her it for your proportion of bills. If so you're probably out of luck.0 -
This doesn't really have anything to do with the tenancy or your landlord. You've paid money into your ex's account which you don't think you should have paid. You could send your ex a letter before action requesting the money back. If your ex doesn't return the money you could then take her to small claims court to recover the money. Whether you're due anything back is another matter.0
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marliepanda wrote: »Were you a joint tenant?
If so, then you're liable for the rent, or your 'half' so no. If you are a joint tenant the landlord can ask you to pay the lot if your ex doesn't.
When you say 'money for that month' I assume you just sent her it for your proportion of bills. If so you're probably out of luck.
That is not relevant if the OP is seeking to get the money back from their Ex....
I'd say the OP has a strong claim via the small claims track....0 -
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marliepanda wrote: »I'd doubt it if she used it to pay rent he was liable for...
Ok, lets go through this
1. if theyre joint tenants and she tells him to leave, for whatever reason, then she may owe him the money regardless of how it was spent, as she has changed the contractual agreement between them on the rent (its nothing to do with the tenancy or the landlord in that case)
2. I'd suggest as she 'chucked him out' hes not a joint tenant - otherwise he could call the police, who would likely ensure re-entry. Which would really mean the same thing as above - she breached their contract.0 -
Ok, lets go through this
1. if theyre joint tenants and she tells him to leave, for whatever reason, then she may owe him the money regardless of how it was spent, as she has changed the contractual agreement between them on the rent (its nothing to do with the tenancy or the landlord in that case)
2. I'd suggest as she 'chucked him out' hes not a joint tenant - otherwise he could call the police, who would likely ensure re-entry. Which would really mean the same thing as above - she breached their contract.
Let's.
Where at any point does it say he was told to leave or chucked out.
All this talk of police and forced entry?! That's over egging it.
If he paid her his half of the rent (assuming joint tenancy as I said at the start. Nothing so far suggests proof either way of who left who or who chucked who out) and she paid her rent with it, I very much doubt a court would return the money to him.
He contacted with her to pay his half of the rent through the bank transfer. All this talk of 'breaking contracts' goes both ways.0 -
marliepanda wrote: »Let's.
Where at any point does it say he was told to leave or chucked out. - They had a row and he had to leave that's in the OP. not chose to - which presumably staying in a hotel with children would not be a choice....
All this talk of police and forced entry?! That's over egging it. - You opinion is noted.
If he paid her his half of the rent (assuming joint tenancy as I said at the start. Nothing so far suggests proof either way of who left who or who chucked who out) and she paid her rent with it, I very much doubt a court would return the money to him. - Really? and what legal basis are you using to decide that? How she spent the money is totally irrelevant, if the money was given conditionally.
He contacted with her to pay his half of the rent through the bank transfer. All this talk of 'breaking contracts' goes both ways.
indeed it does work both ways. What's your point?0 -
So you're saying I can sign up to a joint tenancy with my fella, and leave after a row and decide that the rent I paid him last week I want back?
Noted.0 -
marliepanda wrote: »So you're saying I can sign up to a joint tenancy with my fella, and leave after a row and decide that the rent I paid him last week I want back?
Noted.
I'm saying that the type of tenancy is totally irrelevant to the contract between you and your fella.
(most people wont leave with children voluntarily after a 'row', just fyi....)0 -
I really think that can read both ways, 'I had to go' because she threw me out' or'I had to go' because she drove me mad and I was worried I would smash something if I stayed'.They had a row and he had to leave that's in the OP. not chose to - which presumably staying in a hotel with children would not be a choice....
I would normally expect the former to be made explicit, ie. 'she threw me out' rather than 'I had to go', but really could be either.0
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