Deposit recovery after breakup

PeteBest

Hi,

My girlfriend is looking to recover her half of a deposit left on a flat she shared with her ex-boyfriend. The contract was signed by both of them, and each person left £120. The relationship ended very badly, and her ex stayed in the property. My girlfriend has the receipt for the full amount of the deposit.

The landlord is refusing to release her half of the deposit, saying she has to speak to her ex to come to some arrangement. Now, obviously that's not going to happen based on their past history

I was under the impression that since she moved out the contract was null and void and that should be wish to remain in that property another contract would have to be drawn up. I've got a nice letter all drafted up saying as much and giving him 14 days until we take the matter to a small claims court. I haven't sent it yet, figured I'd check here first and see if we've got any legal rights.

Anyone been in a similar situation, or have suggestions about how to proceed?

Cheers! :beer:

Pete

tbs624

There is not really enough information here.

If your GF signed a joint contract then she will probably be jointly and severally liable for rent & other payments due under the contract until the end of the contract term, unless she had the LL's agreement to her giving notice and the BF was prepared to take on the contract as a sole tenant or alongside another new tenant.

Was the original contract for a Fixed Term or had it moved onto a periodic tenancy, running from month to month?

If the deposit was paid to the LL for a tenancy beginning after 6 April 2007 then it should have been registered with one of 3 schemes by the LL. Do you know whether this is the case? The LL would normally repay a deposit by one cheque, and let the tenants sort out their own financial arrangements.

It really would not be in your GFs interest at the moment to start threatening court until she has checked the legalities of her own position regarding rent payments.Your GF needs to make sure that she has extricated herself properly from the tenancy agreement because if she hasn't, the LL can still look to her for payment of any outstanding rent, including the whole amount if the former BF decided not to pay.. A contract does not become null and void just because one party decides to move out.

Incisor

PeteBest wrote: »

... The landlord is refusing to release her half of the deposit, saying she has to speak to her ex to come to some arrangement. Now, obviously that's not going to happen based on their past history

I was under the impression that since she moved out the contract was null and void and that should be wish to remain in that property another contract would have to be drawn up....

No, you are making a big mistake here. She is as liable as if she was living there, and the landlord need not give the deposit back until the tenancy ends. She is still liable for rent, although it will be the ex who will suffer if she doesn't pay. tbs624 is right here.

The tenancy does not end except as provided by the contract, so she needs to get her notice in before it goes rolling if it is an AST. An interesting question to me is whether notice from just 1 tenant is sufficient. I think it should be, maybe someone will arrive with a definitive answer soon

SquatNow

Incisor wrote: »

An interesting question to me is whether notice from just 1 tenant is sufficient. I think it should be, maybe someone will arrive with a definitive answer soon

As I understand it as it's a joint tennancy either tennant giving notice ends the entire tennancy, however, both tennants have to leave in order for it to end.

So the OPs GF either needs to get her ex to come to an arrangement with the landlord to take over the place on a new sole tennancy or she needs to get her ex to leave.

She needs to speak to the landlord urgently and explain the situation. i'de also advise speaking to a solicitor since as she's fully liable, if the ex trashes the place and leaves owing rent she could be thousands of pounds out of pocket.

Realistically if the ex doesn't want to leave or sign a new contract the LL will have to evict him.

tbs624

Incisor wrote: »

......The tenancy does not end except as provided by the contract, so she needs to get her notice in before it goes rolling if it is an AST. An interesting question to me is whether notice from just 1 tenant is sufficient. I think it should be, maybe someone will arrive with a definitive answer soon

SquatNow wrote: »

As I understand it as it's a joint tennancy either tennant giving notice ends the entire tennancy, however, both tennants have to leave in order for it to end.

So the OPs GF either needs to get her ex to come to an arrangement with the landlord to take over the place on a new sole tennancy or she needs to get her ex to leave.

The major problem is obviously if the tenancy was still within it's Fixed Term when the GF walked (and remains so) because there clearly can't be a non-consensual unilateral withdrawal without further liability for rent etc up to the expiry date for a FT, or for the duration of the full notice period for any subsequent periodic, and that's why I asked the OP in my first post whether the tenancy was still FT or had become periodic

Smi1er

Is it worth the stress?

PeteBest

First off, many thanks for the replies, much appreciated guys.

Sorry for the lack of information, yes it was a joint contract signed by her and her ex. She hasn't been living there for several months, and as far as the landlord is concerned he's happy with the fact that she's moved out and isn't chasing her for any rent payments. Basically, as far as the landlord is concerned she's completely moved out, but he wants to keep her 1/2 of the deposit until she comes to an arrangement with the ex. Speaking to the ex isn't an option due to the violent way the relationship ended, and could have some legal ramifications as well. Won't go into much detail here, but you get the idea...

The contract was a rolling type one that didn't need to be renewed. The tenenacy was taken out before the new rules came in about who holds the deposit.

Hopefully that's a bit more information, but the problem is that as with most landlords he's reluctant to do anything that has no benefit for him.

Thanks again for taking the time to reply!

bikerqueen

surely in his eyes though *she* didnt pay the deposit, *they* did. he is still in the house - therefore *they* are still in the house. it is a joint tenancy, a joint deposit. not her individual deposit. I'd say it's get it off the ex, or not get it at all.

SquatNow

Walk away, put it behind you.

Keep an ear to the groud for when the ex moves out as it sounds like the landlord is a reasonable chap and as long as the ex leaves the place in good nick she'll get her deposit back, but for the sake of stress just write it off and see it as a bonus if you get it back.

Incisor

bikerqueen wrote: »

surely in his eyes though *she* didnt pay the deposit, *they* did. he is still in the house - therefore *they* are still in the house. it is a joint tenancy, a joint deposit. not her individual deposit. I'd say it's get it off the ex, or not get it at all.

That's about right, in that the deposit does not come back from the LL except via the ex. But as the OP's GF is still a tenant, she actually owes her half of the rent. I think she should count her half of the deposit as going towards the share of the rent she owes to the ex, assuming he is now paying it all.