Ex wants his deposit back - is he entitled?

aneres

If he has done damage then you won't get the deposit back anyway so I would point this out to him and see if he wants to come and repair the damage. Also there is nothing wrong with posting for support.

FATBALLZ

Was this ever a joint tenancy? As what should have happened is you should have given notice on the joint tenancy, given him half of whatever came back, and then started a tenancy with just your name on it. If it's always just been a tenancy in your name I don't see he is legally entitled to anything.

In the case of the latter, if you genuinely have paid more than your fair sure meaning that taking the deposit would at best make things even, I'd just keep it. But only you know whether this is fair, nobody on this board does.

System

custardy wrote: »

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

As it is a new tenancy in her name then he should be taking the LL to court for failing to return the deposit at the end of the previous tenancy. If the LL returned the deposit to the OP only then he was in the wrong.

lindsaygalaxy

Personally (and I have an ex that would/ does do this kind of thing!) I wouldnt pay a penny until you moved out, otherwise you will be giving him money that you might not get back. Just state that you dont have spare money. and when what is left from the deposit after damages xyz that he had caused, you would ofcourse return the deposit. Then I suggest you ask for a number/adress for his mum or someone to send it to so you dont have to have contact.

Caroline73_2

The deposit is nothing to do with you. It was a contract between him and the landlord. Just tell him that as many times as is necessary.

Sambucus_Nigra

Seanymph wrote: »

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?

If you spend more on food than on rent and bills - then wowsers :eek:

Seanymph

LOL - I truly do - but then my circumstances may be different to yours - and the OP's may be different again.

She may be unable to cook and he may have bought take aways every night or they may have eaten out.

I don't think you can assume that because she paid 'rent and bills' and he paid 'food and everything else' that it was unequal. 'everything else' can amount to a lot of money....... perhaps annual travel fares or something?

I'm not saying it will be like that - just that it may have been equitable............ and that in my opinion the deposit is something different. Currently she is living in a flat that is secured against HIS deposit with the landlord. That isn't fair. If she was unhappy with the financial split then the time to address that was when they lived together.

And if she wasn't happy to assume ALL the rent then she had the option to move out when he did. She chose to stay on and assume the rental - a totally seperate issue to the deposit.

Sambucus_Nigra

Seanymph wrote: »

I don't think you can assume that because she paid 'rent and bills' and he paid 'food and everything else' that it was unequal. 'everything else' can amount to a lot of money....... perhaps annual travel fares or something?

But neither can we assume that rent and bills is less than food and everything else..what we need here is simple maths.

However I suspect that will not be forthcoming.

Seanymph

Even if I was a gambling girl I don't think I'd bet on you with that...

BitterAndTwisted

Some questions:

When you started the tenancy with him was it a joint and several one?

Did the landlord register the deposit paid to them in cash in one of the three tenancy-deposit schemes?

When the relationship ended was that at the same time as the original tenancy ended?

Did he give you any notice that he was going and possibly leaving in the lurch to find all the rent on your own?

When did the new sole-tenancy start and what happened to the original deposit?

What recompense will the landlord be seeking from you to put right the damage he has done?