Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • decoydream
    • By decoydream 10th Jan 18, 7:40 PM
    • 7Posts
    • 2Thanks
    decoydream
    My name is still on lease with ex and I need my deposit back!
    • #1
    • 10th Jan 18, 7:40 PM
    My name is still on lease with ex and I need my deposit back! 10th Jan 18 at 7:40 PM
    Hello everyone,

    In August 2016 I officially broke up with my partner I was with at the time and moved out. The lease for the house is in our names however I am the main tenant. I have had multiple attempts to get my name off the lease and also get my deposit back without much luck at all. I know it's been so long since I moved out and it should have been dealt with earlier but life just gets in the way. I have since had to become my dad's carer, bought my own home and on top of all of this, I left my dog with said ex only to find out he's been abused and neglected as of a few days ago! (Hence the need to be completely disassociated with this scum bag. RSPCA are involved - don't worry.)

    The last time I spoke to the estate agent (which was months ago now, granted) they said that they needed my ex to get a guarantor for him before they could take me off the lease? And they haven't really said anything about my deposit. I'm going to call them back tomorrow morning but thought I'd seek some advice from you lot first. My question is: CAN I get my deposit back? I was the main tenant, my ex is listed as 'other tenants'. On the receipt for the deposit it has my name solely on it. The deposit is also protected through mydeposits.co.uk.

    Can anyone give me any advice at all? I'm so bad with these things but it needs sorting! Thank you all so much regardless just for reading this.
Page 1
    • kazwookie
    • By kazwookie 10th Jan 18, 7:44 PM
    • 9,416 Posts
    • 119,412 Thanks
    kazwookie
    • #2
    • 10th Jan 18, 7:44 PM
    • #2
    • 10th Jan 18, 7:44 PM
    How long was / is the lease for?

    Is there a break clause?
    Sun, Sea
    • decoydream
    • By decoydream 10th Jan 18, 7:49 PM
    • 7 Posts
    • 2 Thanks
    decoydream
    • #3
    • 10th Jan 18, 7:49 PM
    • #3
    • 10th Jan 18, 7:49 PM
    Hi, thanks for replying so quickly.

    On the documents I have here it says: 6 months term starting 28th August 2015 til 25th February 2016. I was still in the house at that point and I am under the impression it moved onto a "rolling contract", however I could be wrong.

    I'm sorry but I don't know what a break clause is!
    • elsien
    • By elsien 10th Jan 18, 7:50 PM
    • 15,662 Posts
    • 39,484 Thanks
    elsien
    • #4
    • 10th Jan 18, 7:50 PM
    • #4
    • 10th Jan 18, 7:50 PM
    Can't you give notice as the lead tenant?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Ms Chocaholic
    • By Ms Chocaholic 10th Jan 18, 7:50 PM
    • 9,003 Posts
    • 55,296 Thanks
    Ms Chocaholic
    • #5
    • 10th Jan 18, 7:50 PM
    • #5
    • 10th Jan 18, 7:50 PM
    What happened when you moved out? Did you contact the estate agent? If you did, what did they say about you leaving.
    Thrifty Till 50 Then Spend Till The End

    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
    • decoydream
    • By decoydream 10th Jan 18, 7:56 PM
    • 7 Posts
    • 2 Thanks
    decoydream
    • #6
    • 10th Jan 18, 7:56 PM
    • #6
    • 10th Jan 18, 7:56 PM
    Can't you give notice as the lead tenant?
    Originally posted by elsien
    It does say here "The head tenant is the person nominated to act on behalf of you all jointly and individually when dealing with the deposit. This representation is to act on behalf of you all jointly and individually when dealing with the administration fee and can be replaced by another of you, so long as we are notified in writing by a majority of you. The landlord will refund any payments made by the tenant which relates to a rental period which starts after the tenancy ends."

    So I'm assuming that yes I can - but does that mean I would be speaking on his behalf too? Because he still lives at that address.

    What happened when you moved out? Did you contact the estate agent? If you did, what did they say about you leaving.
    Originally posted by Ms Chocaholic
    I did contact them and they said they needed him to get a guarantor and contacted the ex. When I asked the ex he said he was waiting on paperwork so he could get his dad to sign and then when I contacted them again, they said they were waiting on him. That was the last I heard.
    • theartfullodger
    • By theartfullodger 10th Jan 18, 8:04 PM
    • 9,241 Posts
    • 12,258 Thanks
    theartfullodger
    • #7
    • 10th Jan 18, 8:04 PM
    • #7
    • 10th Jan 18, 8:04 PM
    Now it is perioidic tenancy any one of the joint tenants may give notice & that ends the tenancy FOR EVERYONE. The remaining joint tenant may agree a new tenancy with landlord. You should have done this at end of intial fixed term
    • decoydream
    • By decoydream 10th Jan 18, 8:08 PM
    • 7 Posts
    • 2 Thanks
    decoydream
    • #8
    • 10th Jan 18, 8:08 PM
    • #8
    • 10th Jan 18, 8:08 PM
    Now it is perioidic tenancy any one of the joint tenants may give notice & that ends the tenancy FOR EVERYONE. The remaining joint tenant may agree a new tenancy with landlord. You should have done this at end of intial fixed term
    Originally posted by theartfullodger
    OK I get you. Is that why they're saying to me he needs a new guarantor? In order to agree a new tenancy? If I handed the notice in now, regardless if he stays there or not, would the deposit be released back to myself?
    • G_M
    • By G_M 10th Jan 18, 8:25 PM
    • 42,797 Posts
    • 50,032 Thanks
    G_M
    • #9
    • 10th Jan 18, 8:25 PM
    • #9
    • 10th Jan 18, 8:25 PM
    artful is right but there's more:

    1) in a periodic tenancy like this, any of the joint tenants can serve notice. It will bind all the joint tenants.

    2) so you could serve notice to end the tenancy.

    3) but that means ALL the joint tenants must leave when the notice expires

    4) if one of them (eg your ex) signs a new tenancy, in his sole name, he can stay - but it sounds like his income/credit is not good enough, so they want a guarantor

    5) if all the joint tenants do NOT leave when the notice expires (and there is no replacement tenancy in place for your ex) then
    a) the LL can charge double rent for your failure to (all) vacate the property when the notice expires, and
    b) no you would not get your depost back!

    Talk to your ex.

    Talk to the landlord.

    Agree a way forward.
    Last edited by G_M; 10-01-2018 at 10:29 PM.
    • weather83
    • By weather83 10th Jan 18, 8:29 PM
    • 9 Posts
    • 9 Thanks
    weather83
    OK I get you. Is that why they're saying to me he needs a new guarantor? In order to agree a new tenancy? If I handed the notice in now, regardless if he stays there or not, would the deposit be released back to myself?
    Originally posted by decoydream
    As you have a joint tenancy, all you need to do is give formal notice, and the tenancy ends for both you and your ex after the notice period. The agency will then do an inspection (probably), and work out how much of the deposit to give back.

    If your ex wants to stay, he will have to get a new tenancy with the agency.

    Has your ex been paying rent/looking after the property? Even though you don't live there, you are also (legally) responsible for the rent and any damage to the property.

    I would speak to the agency to check the situation, then give notice. You should also give your ex fair warning, so he can sort out somewhere to live.
    • G_M
    • By G_M 10th Jan 18, 10:32 PM
    • 42,797 Posts
    • 50,032 Thanks
    G_M
    As you have a joint tenancy, all you need to do is give formal notice, and the tenancy ends for both you and your ex after the notice period. The agency will then do an inspection (probably), and work out how much of the deposit to give back.

    If your ex wants to stay, he will have to get a new tenancy with the agency.
    Originally posted by weather83
    As pointed out above, if the landlord declines to offer the ex a new tenancy, and the ex decines to leave the LL can demand double rent.... from either or both of the joint tenants.
    • PersianCatLady
    • By PersianCatLady 10th Jan 18, 10:48 PM
    • 421 Posts
    • 387 Thanks
    PersianCatLady
    As you have a joint tenancy, all you need to do is give formal notice, and the tenancy ends for both you and your ex after the notice period. The agency will then do an inspection (probably), and work out how much of the deposit to give back.

    If your ex wants to stay, he will have to get a new tenancy with the agency.

    Has your ex been paying rent/looking after the property? Even though you don't live there, you are also (legally) responsible for the rent and any damage to the property.

    I would speak to the agency to check the situation, then give notice. You should also give your ex fair warning, so he can sort out somewhere to live.
    Originally posted by weather83
    If I am reading this correctly, the ex seems quite happy where he is as he has not made any effort to move out of the flat.

    By ending the AST in order to (hopefully) get your depsosit back, your ex could end up with nowhere to go.

    I wonder if he might be tempted to ensure that there is no deposit left to get back from the LL??

    You never know what a bitter ex might do in order to get revenge.

    May I ask - did you think that you would be able to tell the LA that you wanted your name off of the lease and the deposit would be returned to you??
    • PersianCatLady
    • By PersianCatLady 10th Jan 18, 10:55 PM
    • 421 Posts
    • 387 Thanks
    PersianCatLady
    OK I get you. Is that why they're saying to me he needs a new guarantor? In order to agree a new tenancy? If I handed the notice in now, regardless if he stays there or not, would the deposit be released back to myself?
    Originally posted by decoydream
    If there is damage to the property or anything else that can be taken from a deposit then you may find that there is nothing left to get back.
    • Cheeky_Monkey
    • By Cheeky_Monkey 11th Jan 18, 10:31 AM
    • 1,493 Posts
    • 2,995 Thanks
    Cheeky_Monkey
    Hello everyone,

    In August 2016 I officially broke up with my partner I was with at the time and moved out. The lease for the house is in our names however I am the main tenant. I have had multiple attempts to get my name off the lease and also get my deposit back without much luck at all. I know it's been so long since I moved out and it should have been dealt with earlier but life just gets in the way. I have since had to become my dad's carer, bought my own home and on top of all of this, I left my dog with said ex only to find out he's been abused and neglected as of a few days ago! (Hence the need to be completely disassociated with this scum bag. RSPCA are involved - don't worry.)

    The last time I spoke to the estate agent (which was months ago now, granted) they said that they needed my ex to get a guarantor for him before they could take me off the lease? And they haven't really said anything about my deposit. I'm going to call them back tomorrow morning but thought I'd seek some advice from you lot first. My question is: CAN I get my deposit back? I was the main tenant, my ex is listed as 'other tenants'. On the receipt for the deposit it has my name solely on it. The deposit is also protected through mydeposits.co.uk.

    Can anyone give me any advice at all? I'm so bad with these things but it needs sorting! Thank you all so much regardless just for reading this.
    Originally posted by decoydream
    Not sure why you felt the need to mention this but since you have - that is your own fault for leaving your dog with him. You should have taken him/her to your own house.
    I used to be indecisive - now I'm not so sure
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

254Posts Today

2,414Users online

Martin's Twitter