Split with my boyfriend, now living in rented house alone. Who gets the deposit back?

louisex

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clutton_2

whose names are on the tenancy agreement, when did it start and how long was it for - has your landlord or agent told you which scheme the deposit is lodged with.

anniecave

What sort of tennancy agreement was it?
Who signed it? Who's names are on there?
Who's bank account did the money come out of?
And did you both pay towards it, even if just one of you handed over the actual cheque or whatever? Was it 50/50 or an uneven split?

If he contributed financially to the deposit, he's entitled to part of it back, at the end of the tennancy at least. If you parted amicably he might have asked you to buy him out earlier. If he paid deposit in full then it should go back to him in full too.

I would speak to letting agent and explain that you can continue to pay rent. Send them details of your income (from all sources) and what your expenditure is each month. If I was your landlord I'd just let you continue to live there and pay rent to the time you plan to move out (esp if it's September). They'd be silly if they want you to move now if you've been able to afford it up to now.

Then if I was the landlord I'd probably ask for confirmation in writing from the two of you who the deposit is to go to. After making any deductions for damage etc.

I'm not sure of how it legally should have been handled though. revised tenancy agreements back in april maybe? Not sure. I've been renting for the last few years with various friends and we've had several instances where once the inital six months was up we had people coming and going within a property and no revised agreements were ever signed. I got added onto the tenancy agreement here but my flatmate had already been in property for 9 ish months at that stage.

I'd start with letting agent anyway as regards keeping them informed.

louisex

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ozzage

Surely the part he paid is HIS money? It's not like it's part of the rent...

I can't see how it can be right that he doesn't get it back!??! Really, as you now know, you should have sorted it out when he left so that everything was left only under your name and you bought out his share or came to some agreement.

Have you actually spoken to him about it? Doesn't sound like it was a very amicable split so I guess it might not be that simple.

To be honest I think your anger about him and the relationship is (understandably, perhaps) clouding your judgement over what is "fair". Others may disagree.

mlz1413

Rent and deposits are different, you pay the rent as you live there, he paid rent when he also lived there.

The deposit is an assurance to for the LL towards damage and is held by a 3rd party so tenant and LL do not have ultimate control of the money.

I agree you are looking after the house whilst you rent it until you move to your own place, but the suggestion that you are looking after it so he get his part of the deposit back is unfair. Unless of course you would prefer to live in squalor and only force yourself to keep everything clean in the name of the deposit.

Has your ex actually discussed the matter of the deposit?
Are you sure he wants any back as he has already left?
Has he expressed said he wants more deposit back than he paid?

If he hasn't said anything I would leave the matter alone, don't use it as a beating stick just put it down to experience and go for a brisk walk every time you are bad thoughts about him.

Good luck with your move in September.

Pee

Let the letting agents know. They would not be able to get you out before September anyway, and then they will pay the deposit back to you. If your ex wants it, he is entitled to what he paid - or what he can prove he paid - and you need to give that back to him... if he asks.

Jowo_2

The joint tenant is jointly and severally liable for payment of the rent, his non-occupancy is irrelevant. His obligation to pay the rent did not stop when he left the property, though you can choose not to pursue this.

Your deposit should have been protected in a tenancy deposit scheme so ask the agency for details of where it has been protected and find out how/to who it is repaid. This applies to deposits taken after April 2007.

Debt_Free_Chick

louisex wrote: »

Hi and thanks for the replies! We paid the deposit in cash, only his and my names are on the tenancy agreement. We both contributed towards it and I think I actually did end up paying more towards it, despite earning a lot less.

You should each get back what you contributed. It's only a deposit - think of it like a savings account without any interest.

louisex

It's not anger clouding my judgement, it's just he's now turning around and saying he wants all of the deposit back, when I paid most of it anyway. I was only really wondering how both of us would go about proving who paid what etc, I withdrew the money for the deposit on the day we paid it anyway, so if I can find a bank statement for that date I should be able to prove it. Thanks

marcowil

If, as someone else said, he is still liable for half of the rent then i would let him know that if he chases his part of the deposit then you will be chasing him for his unpaid rent!