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Ex wants his deposit back - is he entitled?

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  • Jinx
    Jinx Posts: 1,766 Forumite
    Debt-free and Proud!
    I reckon Judge Judy (i know i know car crash tv!) would say give back the deposit. However I think she would say that if he was on the lease too he was responsible for the rent and bills so I reckon you dont owe him anything.

    And anyway, why does he still have your number?
    Light Bulb Moment - 11th Nov 2004 - Debt Free Day - 25th Mar 2011 :j
  • Sambucus_Nigra
    Sambucus_Nigra Posts: 8,669 Forumite
    edited 20 January 2012 at 8:20PM
    Dicegirly wrote: »
    He paid all the deposit in cash, but it is in no-one's name. The previous tenancy agreement had both our names on it, the current one now has just my name on it.

    I will eventually get some of the deposit back when I choose to move out, which is unlikely to be for a while. The remainder of the deposit will be kept by the Landlord to repair the damage done to the floor when my ex dropped the sofa on it when we moved in, and the cracked kitchen floor tile where he dropped a saucepan....

    I have paid for considerably more things while we were together yes, but as he never paid any rent or anything (and this was not the first place we had together, in case it sounded like that) I don't see why I should give him money which I don't have, when it was his decision to leave. Surely if he wanted it back he should have said so at the time.
    In a grown-up world, if you vacate a relationship without sorting these things out at the time, you relinquish any claim to anything you left behind.

    So tell him 'if I get any back, after you damaged the floor with the sofa and cracked the kitchen floor with the saucepan'.

    Honestly - stand up for yourself. I've already given you an example of what to say which is provable so put your foot down and tell him to naff off.
    If you haven't got it - please don't flaunt it. TIA.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Dicegirly wrote: »
    He paid all the deposit in cash, but it is in no-one's name. The previous tenancy agreement had both our names on it, the current one now has just my name on it.

    I will eventually get some of the deposit back when I choose to move out, which is unlikely to be for a while. The remainder of the deposit will be kept by the Landlord to repair the damage done to the floor when my ex dropped the sofa on it when we moved in, and the cracked kitchen floor tile where he dropped a saucepan....

    I have paid for considerably more things while we were together yes, but as he never paid any rent or anything (and this was not the first place we had together, in case it sounded like that) I don't see why I should give him money which I don't have, when it was his decision to leave. Surely if he wanted it back he should have said so at the time.
    In a grown-up world, if you vacate a relationship without sorting these things out at the time, you relinquish any claim to anything you left behind.

    Why you should give him the money back is that you don't want him in your life , right? I'm reading it as it is a subject where contact will remainas it is an 'excuse' to call/text and realistically you still want him, you both love to hate each other, it's nowt to do with a deposit realistically :o
  • Seanymph
    Seanymph Posts: 2,882 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I think giving him back his money is the right thing to do.
  • Seanymph wrote: »
    I think giving him back his money is the right thing to do.

    Why - when he didn't pay rent or the bills? #intrigued
    If you haven't got it - please don't flaunt it. TIA.
  • I take it this is the security deposit you are referring to. In which case if when you split you had both moved out, this would have been refunded, less any monies the landlord felt were needed to cover costs of repairing any damage etc. That is the way it worked when I rented properties anyway. So there is no guarantee that the full £500 would have been given back.

    You seem to want to stay put in this property so its not easy to know whether the full amount would be returned at a future date. Personally I hate getting into rows or being aound conflict so I would probably give him back the money he paid and move on from it. Dependant on your financial situation I dont know if this is a possibility or not.

    When he moved out and took what he wanted in regards to furniture, was this all his too? Had he paid outright for it all or did you contribute to the cost? I guess this would give room for negotiation over what money he gets back. If you want to go down that route.

    I dont know him so cant say for sure what his intentions are or why it has taken a year for him to ask for this money. Times are tough for most of us right now. Maybe he intended to let it go at the time of your split but is now not in a position to afford to do that and needs the money.
    Grammar: The difference between knowing your !!!!!! and knowing you're !!!!!! :cool:
  • System
    System Posts: 178,349 Community Admin
    10,000 Posts Photogenic Name Dropper
    If it is a joint tenancy then he should give notice to force the OPs hand.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    !!!!!! wrote: »
    If it is a joint tenancy then he should give notice to force the OPs hand.

    he can't now
    as she says its in her name
    however I'm sure it would have been a different tune had he done it
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    He paid for your share of the food and you paid for everything else except his share of the food ? Do the sums and send him a bill.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • Seanymph
    Seanymph Posts: 2,882 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Why - when he didn't pay rent or the bills? #intrigued

    Because all we know is she paid 'rent and bills' and he paid 'food and everything else'.

    In my house I spend more on food than on bills per month. You don't know what else he paid for - cars? Running costs? Insurances? Holidays? Computers?

    The OP doesn't say there was an inequality - she didn't agree that his deposit money would cover his half of anything.

    HE paid the deposit, she agrees that - so therefore he should be able to get his deposit money back. If she wasn't happy with the set up over division of payments she should have brought that up at the time.
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