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  • FIRST POST
    • jcarver007
    • By jcarver007 8th Jun 17, 3:00 PM
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    jcarver007
    Rent money taken and not returned
    • #1
    • 8th Jun 17, 3:00 PM
    Rent money taken and not returned 8th Jun 17 at 3:00 PM
    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
Page 1
    • marliepanda
    • By marliepanda 8th Jun 17, 3:08 PM
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    marliepanda
    • #2
    • 8th Jun 17, 3:08 PM
    • #2
    • 8th Jun 17, 3:08 PM
    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
    Originally posted by jcarver007
    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.
    Survey Earnings 2017 - £163
    • Pixie5740
    • By Pixie5740 8th Jun 17, 3:19 PM
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    Pixie5740
    • #3
    • 8th Jun 17, 3:19 PM
    • #3
    • 8th Jun 17, 3:19 PM
    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.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Guest101
    • By Guest101 8th Jun 17, 4:04 PM
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    Guest101
    • #4
    • 8th Jun 17, 4:04 PM
    • #4
    • 8th Jun 17, 4:04 PM
    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.
    Originally posted by marliepanda


    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....
    • marliepanda
    • By marliepanda 8th Jun 17, 4:07 PM
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    marliepanda
    • #5
    • 8th Jun 17, 4:07 PM
    • #5
    • 8th Jun 17, 4:07 PM
    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....
    Originally posted by Guest101
    I'd doubt it if she used it to pay rent he was liable for...
    Survey Earnings 2017 - £163
    • Guest101
    • By Guest101 8th Jun 17, 4:15 PM
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    • #6
    • 8th Jun 17, 4:15 PM
    • #6
    • 8th Jun 17, 4:15 PM
    I'd doubt it if she used it to pay rent he was liable for...
    Originally posted by marliepanda


    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.
    • marliepanda
    • By marliepanda 8th Jun 17, 4:20 PM
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    marliepanda
    • #7
    • 8th Jun 17, 4:20 PM
    • #7
    • 8th Jun 17, 4:20 PM
    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.
    Originally posted by Guest101
    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.
    Survey Earnings 2017 - £163
    • Guest101
    • By Guest101 8th Jun 17, 4:28 PM
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    Guest101
    • #8
    • 8th Jun 17, 4:28 PM
    • #8
    • 8th Jun 17, 4:28 PM
    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.
    Originally posted by marliepanda


    indeed it does work both ways. What's your point?
    • marliepanda
    • By marliepanda 8th Jun 17, 4:30 PM
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    marliepanda
    • #9
    • 8th Jun 17, 4:30 PM
    • #9
    • 8th Jun 17, 4:30 PM
    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.
    Survey Earnings 2017 - £163
    • Guest101
    • By Guest101 8th Jun 17, 4:41 PM
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    Guest101
    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.
    Originally posted by marliepanda


    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....)
    • FBaby
    • By FBaby 8th Jun 17, 4:52 PM
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    FBaby
    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 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'.

    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.
    • Guest101
    • By Guest101 8th Jun 17, 5:02 PM
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    Guest101
    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'.

    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.
    Originally posted by FBaby


    Sure, but "I had to go because I was mad" would typically be a temporary thing. An hour to calm down perhaps, not taking children to a hotel.
    • marliepanda
    • By marliepanda 8th Jun 17, 5:11 PM
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    marliepanda
    Without more info it's mostly irrelevant. The ex could own the house. The OP could have left because he chose to. We don't know enough to say what 'probably' happened.

    If the OP was annoyed enough then he'd leave. It sounds like their his kids so he may not have had a choice about whether the kids came with or not
    Survey Earnings 2017 - £163
    • jcarver007
    • By jcarver007 12th Jun 17, 11:10 AM
    • 41 Posts
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    jcarver007
    My partner was renting the property from the council. I paid her what I believed was rent money and money for bills.
    • jcarver007
    • By jcarver007 12th Jun 17, 11:16 AM
    • 41 Posts
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    jcarver007
    Ok -some more info:
    She asked me to leave following a heated debate one monday morning. I did so thinking that it was a wise move to give some space and let things die down in a couple of days. Checked into hotel. After a few days of my calls being ignored it transpired that it was not a cooling off period.
    The money that I transferred into her account as a standing order went in 1 or 2 days prior to her asking me to get out. This money was for the rent and bills for that month
    Obviously I wasnt there during that time so feel it unfair that she kept the money especially as it was a major pain in the back side having to sort out somewhere permanent at short notice, move stuff around and accomodate my children.
    Thankyou
    • Guest101
    • By Guest101 12th Jun 17, 11:39 AM
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    Guest101
    If she asked you to leave, then she should refund you the money - you have a good case via the small claims court. Start with a letter outlining the amount owed - the standing order, less the 2 days
    • FBaby
    • By FBaby 12th Jun 17, 12:20 PM
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    FBaby
    If you decide to take her to court, make sure that she can't come up with any 'loan' that she made to you that she could use to counter claim.
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