Advice Please, I’m going round in circles. Rent, Deposit, Ex-Partner

SqueakyShoe

Advice Please, I’m going round in circles. Rent, Deposit, Ex-Partner and the curse of Squeaky Shoes

Hi everyone, I am getting increasingly frustrate over this matter and would be extremely grateful for advice. This is a bit of a complex matter so I will try to keep it as clear as possible.

After our tenancy on the flat we lived in was nearing an end, my ex-girlfriend and I wanted to move.

We noticed suitable flat advertised by a local agent (agent 1) and arranged a viewing; we both attended and made it clear that the flat would be for the both of us.

My ex-partner was responsible for all the application information, as during this period I was rather buys, and there was a lot of information she was required to provide in relation to her needing a guarantor. At this point it became known that agent 1 was acting as an agent for, agent 2, (still with me). During all the phone calls it was clearly stated the property would be for the both of us.

An appointment was made with agent 2, in order to sign contracts, pay deposits and collect the keys etc.. It was a Saturday afternoon, the grad national was on and sun shining, a pretty exciting day.

We arrived at the office to finalise all the paperwork, I said to the lady, we were there to sign contracts and I was to pay the deposit and first month’s rent. However when the paperwork was all laid out it soon became apparent that my name was not listed upon the contract, just my ex-partner as a lead tenant and the details of her guarantor.

I asked the lady why this was, and was told that, as my ex had a guarantor she had to be listed as a lead tenant and that they had not received any of my details on the application pack. (Recently I have been informed that only me ex partners details are on the application, which is rather puzzling).

The lady informed us that there must have just been a mix up somewhere and that it wasn’t a problem. I asked the lady how only it would take to draw up a new contract, and was told a few weeks. This was no good for us at the time as we had arranged to move out of our previous property. I informed the lady, that we were restricted to a tight deadline, and she told me that, it didn’t really matter, about my name being on the contract initially, if we required the keys to the new property asap then for my ex to sign the contract there and then to release the keys, then anther contract would be issued with both my ex-partners and my details upon. This seemed fairly reasonably as I was aware of the pressure to get the keys and being moving our belongings to the new property.

I then asked lady, how does this effect paying the deposit and first month’s rent, as I knew my ex didn’t have the funds, and this was the reason for her guarantor. I was informed as the new contract would have me details upon that my deposit would be fully protected under my name and that there was no reason I couldn’t pay it there and then, if I didn’t the keys would not be realised.

I handed over my debit card and asked to enter my pin, forking out #1150 for the first month’s rent of #525 and the rest as a deposit #625. I then was asked to sign 2 items which I cannot remember what if was for now, but assume it was relating to authorisation of the deposit.

My ex then signed and dated her part of the contract (9th April 2011) and that was that...until we went to enter the property and discovered we had been issued the wrong keys. This then led to my ex-making several calls to both agents 1 & 2, and while requesting the correct keys, also continuing to mention we required another set of keys as there were both of us living there. A few days later one set of the correct keys came, and we moved into the property, several weeks later the new contract was delivered, with an extra set of keys, signed by both myself and my ex, then returned to agent 2.

The second contract still had my ex and guarantors details as lead tenant and myself as an additional tenant, all well and above board I assumed.

Fast forward a few months to August 2011, my ex and I had come to an end, I decided to move out. In was aware that the original 6 month contract was nearing completion so my attentions turned to receiving my deposit back with the view of moving in to a new property. I contacted agent 2, and was informed that the deposit was protected with the DPS, great. But then it became apparent that the deposit was under my ex partners name. I contacted the DPS at the time and asked why I wasn’t on the details; they told me that the letting agent (agent 2) needed to update the details.

I contacted agent 2 again, and informed them what the DPS said. Agent 2 told me that’s it’s impossible to change the details on the deposit once it has been registered, without ripping up all the contracts and reissuing new ones, to register a deposit as new. Then going on to tell me because I have raised the issue with agent 2 over the deposit that, it will not be released to any parties without both my ex and myself putting in writing who the deposit is to be paid…safe and secure I thought.

Fast forward slightly and the 6 month contract is at its end, I contact my ex-girlfriend to enquire what is happening, she tell me she still wants to stay in the property. I then enquire to agent 2, who tells me that in order to take my name off the contract and release my deposit, my ex and I need to terminate the existing contract. No problem, I’ve not lived at the property for a while, and have no need to remain on the contract.

My ex then asked me not to terminate the contract, and just to continue as we have been, her living there on her own, on a monthly rolling contract until she needs to move back home, as she cannot afford to find the amount for a new deposit that she would have to pay on her own.

Now perhaps I was a tad kind hearted here but as she was in her final few months of university I didn’t want to leave here without somewhere to live and end up back at her parents’ 100’s of miles away from uni. So we agreed that all would remain as it was, but with her paying all the rent on the property and bills relating to the property from the time after the initial 6 month contract was over. I had paid my share for the 6 month contract as I thought it was my obligation, leaving her with no outstanding rent or bill from the point of the end of the 6 month contract, despite me not living there for a period of time. It was agreed at this point that at the point she was moving out the property she would right the letter to agent 2 saying all the deposit was paid to me.

Fast forward Feb 9th 2012, my ex move out, I am asked to submit my keys to signify the termination of the contract, my Ex does what she had to do at her end. Also throwing the previous agreements I had with her over the deposit out the window, claiming she wants half of the #625. I submitted a letter with the keys on the 7th Feb, re stating that the deposit was my money, and requested that no deposit be paid until the matter had been resolved as I was unhappy at being told she wanted half. But as agent 2 had informed me months previous that the deposit wouldn’t be released until both of us had put it in writing, then I had nothing to worry about, it was all safe and secure.

I was wrong! 2 weeks after she moved out I contacted the agent 2 to enquire about my money. Agent 2 in all her pomp put her hand over the phone and with the excitement of a naughty teenager shouted across her office to someone saying “it’s that chap about the deposit his ex has “, I knew then things had got scruffy, I was told the deposit was released as soon as my ex left the property, with no further explanation.

I contacted my ex who gave me some excuses about not having received it yet but to send my bank details and she would give me half as soon as she could. Now as far as I’m concerned I paid all the deposit so it all should be returned to me, but anything for an easy life I agreed to my ex for half of the #625.

My ex has dropped contact, still no money, when asking the agents how this could happen, agent 2 says its agents 1 fault, they had a duty of care to inform her that I was living at the property and paid the deposit, that agent 2 only acted on the information sent by agent 1 which initially has no mention of me….

Agent 1 says they only acted as an agent for agent 2 and that when the correct contract was issued that agent 2 should have updated the deposit with the DPS accordingly at the time.

I have contacted both agents requesting copies of any information relating to me, with on luck. Agent 1 claims there are no items with my details on at all, and that all information relates to my ex, and will therefore not relates anything under data protection. Most annoyingly they claim to have no copies of my signatures authorising or relating to any payment do deposit. They have a merchants copy of a transaction but with no detail upon, and a receipt issued at the time for my ex partners name.

Agent 2 claims to have no information relating to me, except for my name and signature upon the amended contract. I have asked for a copy of this contract firstly several months ago, and did not receive a copy, secondly several weeks ago, still not receiving a copy, recent attempts to contact the agent 2 via email for confirmation that the contract was posted has been ignored, a recent call ended with being told agent 2 is out the office all day and will have a message left on her desk to contact me.

I have spoken to CAB, Trading Standards, Community Legal Help line and my bank company, all just pass me from one to the other. I have spoken to legal advice with regard to a civil claim against my ex-partner, and told that I have a case, but as I cannot afford to pay upfront for the fee, and that the overall legal costs will exceed the amount of the claim. Therefore unless I can find a legal advisor willing/or even able to work on a legal aid basis that a civil claim against my ex is pretty futile.

I don’t see why I should have to accept that my money has gone, that my ex has been able to claim the money and walk away with it without recourse. I am fairly certain that the way both letting agents have acted is less than satisfactory at best.

Surely there must be a way to press either of the letting agents or my ex in order to return the money in full or part?

Thanks for reading, and please, any help and advice is utterly welcome.

dancingfairy

O.K so contract originally in her name, and deposit in her name despite actually being paid by you. New contract signed a few weeks later?
As far as I can see the fact that you paid the deposit is irrelevant to the agent as it could potentially be argued that it was paid on her behalf. The agents arranged for the deposit to be released to the person's name it was held in.
I think your best bet is to write a stern letter before action to you ex and then take her to court. You can do a moneyclaim online and it costs relatively little (50 pounds?). She will then have the opportunity to defend or not. You do not need expensive lawyers etc to do this. You will need to gather together any evidence you've got.
Best of Luck
df

rentergirl

Lawyers cost, but they can write a letter on your behalf, which you get sent to her parents house, and scare her into giving it back. Send copy to agents who have misled you badly and given bad advice (they are not regulated and were I bet genuinely mistaken). Might work. Other than that, it's a nasty way to learn not about not being kind, but always getting everything writing. Really sorry this happened.

SqueakyShoe

hi dancingfairy,

Yes you are correct, original contract in the ex's name, deposit in her name, despite me paying it, and the new contract signed a few weeks later, had me listed as a named tenant, the deposit was never altered.

I am pleased to see about this money claim online idea, and definitely sounds like some thing I will read up on and pursue.

What sort of evidence do I need to be getting for this?

I have no paperwork as yet, my ex has the lot and attempts to get any thing off the letting agents is always met with the same, excuse of every thing being in my ex's name and under data protection they can not provide me with anything. So any ideas how I could get this information.

Cheers

SqueakyShoe

Hi rentergirl,

Thanks for you comments, a letter from a lawyer, sounds like a good idea, thanks. I will try to get that sent out initailly, if all fails then go for dancingfairy's idea with the money claim online. I'm probably clutching at straws but its all worth a go.

cheers

Ulfar

Does your ex work or have income, if not then you are clutching at straws to get money. your only hope is if she has a job or wants to get a job where her employer expects financial probity, getting a court judgement against you in this sort of instance can lead to dismissal or make it very hard to get a job.

You will also need evidence to back up your claim if you do go to court.

The guarantors has no responsibility to you, their agreement was with the letting agent and ultimately the Landlord.

I feel for you but this is a lesson learned, if you paid the deposit you should have been the lead tenant as the money would have been passed back to you to distribute.

From what you have written, I think you were done up like a kipper from the start. Usually if there are going to be two tenants the letting agent will want you both on the contract at the start as they get too charge you double fees.

BitterAndTwisted

It sounds like your ex was guilty of quite a bit of fancy foot-work and probably realised that if the contract was in her name only the deposit would be registered in her name only as well. And therefore only returnable to her at the end of the tenancy and not you. The agent was incompetent or complicit. I favour the former.

You need all of the documentary evidence you can get your hands on that the money paid over as deposit was yours and came from your bank account plus the receipt from the agent acknowledging receipt of same. And be sure that your girlfriend cannot claim in court that she paid for other things in lieu of that amount, like appliances or holidays etcetera or your claim is in danger of failing. Write her a "Letter Before Action" giving her a maximum of 14 days to pay it back and be prepared to go to court to get it. She either has it or she doesn't.

tbs624

SqueakyShoe wrote: »

I have no paperwork as yet, my ex has the lot and attempts to get any thing off the letting agents is always met with the same, excuse of every thing being in my ex's name and under data protection they can not provide me with anything. So any ideas how I could get this information.

Try quoting s35 (2) of the Data Protection Act 1988 at them

35 Disclosures required by law or made in connection with legal proceedings etc.

(1)Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.


(2)Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—

(a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or


(b)for the purpose of obtaining legal advice,
or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

tbs624

Ulfar wrote: »

.Usually if there are going to be two tenants the letting agent will want you both on the contract at the start as they get too charge you double fees.

The reason the LL/LA prefers both to be listed as joint tenants on one contract is so that both, or either as individuals, can be pursued for rent.