Getting my rental deposit back

breaking_free

Hi all.

My name is on a tenancy agreement which expires in October. I paid the entire deposit when I moved in with my husband, and this was put into a deposit scheme.

A few months after moving in I fled my abusive marriage and informed the landlord of the fact that I had left. I also explained that the rent was unlikely to be paid consistently by my husband as he is an alcoholic and not good at holding down a job. The landlord, unsurprisingly, said that if the rent didn't get paid he'd be taking us both to court - no sympathy there.

Well long story short, my husband stayed on in the flat. The tenancy agreement was never altered so both our names are still on it. The tenancy expires in October and I know he will want to continue to live there. However, I would like my deposit back when the tenancy ends.

Do I have the right to reclaim my deposit? If my husband continues to live there is it up to him to then put a new deposit down? I have the original receipt for the rent deposit and can prove that it was paid by me as I have the online banking records.

All advice will be gratefully received.

Guest101

breaking_free wrote: »

Hi all.

My name is on a tenancy agreement which expires in October. I paid the entire deposit when I moved in with my husband, and this was put into a deposit scheme.

A few months after moving in I fled my abusive marriage and informed the landlord of the fact that I had left. I also explained that the rent was unlikely to be paid consistently by my husband as he is an alcoholic and not good at holding down a job. The landlord, unsurprisingly, said that if the rent didn't get paid he'd be taking us both to court - no sympathy there.

Well long story short, my husband stayed on in the flat. The tenancy agreement was never altered so both our names are still on it. The tenancy expires in October and I know he will want to continue to live there. However, I would like my deposit back when the tenancy ends.

Do I have the right to reclaim my deposit? If my husband continues to live there is it up to him to then put a new deposit down? I have the original receipt for the rent deposit and can prove that it was paid by me as I have the online banking records.

All advice will be gratefully received.

1: are you divorced? if so all financial matters hsouldve been resolved then. if not, i might start those proceedings
2: you can end the tenancy by giving notice, but if your husband doesnt leave then you coul dbe liable for double rent.
3: ask the LL to start eviction proceeding in october is th ebest way you 'might' get your deposit back

thesaint

You will have to wait until after the tenancy ends, and then serve notice.

The landlord would be a fool to give you your deposit back until at least after your notice expires.

Who is holding the deposit?

breaking_free

1. No we're not divorced.
2. I did give notice when I left originally and the landlord said that he would hold us both liable for the rent. I do want to ask the landlord to take my name off the lease in October - I don't want any more financial liability in the place. But I want the deposit back. Surely there is provision for one tenant to get their deposit back and for the other tenant to replace it?
3. I don't quite see how I can ask the landlord to start eviction proceedings as long as my husband does manage to pay the rent. (He has been paying it, but always late FYI).

Thanks for your advice.

Guest101

breaking_free wrote: »

1. No we're not divorced.
2. I did give notice when I left originally and the landlord said that he would hold us both liable for the rent. I do want to ask the landlord to take my name off the lease in October - I don't want any more financial liability in the place. But I want the deposit back. Surely there is provision for one tenant to get their deposit back and for the other tenant to replace it?
3. I don't quite see how I can ask the landlord to start eviction proceedings as long as my husband does manage to pay the rent. (He has been paying it, but always late FYI).

Thanks for your advice.

1: Ok
2: What notice did you give? He wont just take you off, he doesnt have to. The provision would bt the current tenant would return that portion of the deposit. How do you know your getting any back, he might've trashed the house/flat.
3: The LL can evict for any reason with a section 21 notice. the LL would be doing you a favour though, so nothing guaranteed.

breaking_free

2. The notice I gave was simply that I'd already left - so I guess that's no notice really. I just wanted to inform that landlord that I was no longer living there as I wanted him to take me off the lease. You are right, he doesn't have to do that of course.

3. I WISH the landlord would evict "us", as then my husband would have to find somewhere else to live, hopefully within another city.

So it looks like I should tell that landlord that I would like my deposit back in October *provided* that the flat is still in good order. How does that sound?

Guest101

Well ur tenancy doesn't end in ictober so the LL won't give it back. Ur best bet is ur husband

RAS

Since your tenancy does not end until October, the LL cannot serve a notice to leave on you or your ex that ends during the fixed term

He can issue an S21 no fault notice now, giving two months notice to leave at the end of the tenancy. Which presumably is what you would like.

If your ex declines to leave of his own free will, then the tenancy becomes periodic and the LL will have to take you and the ex to court to gain posession.

Could take 6 months for that to happen.

or the LL could decide that having a paying tenant in place with what is effectively a guarantor suits him fine.

dancingfairy

I believe that since you are still in the fixed term then you can't end the contract early. In order to protect yourself when the tenancy goes periodic you may wish to formally serve notice (when the tenancy is periodic I believe any one individual in a joint tenancy can serve notice which affects all others).
df

breaking_free

Thanks to everyone for their advice.

It's two months to go till the tenancy ends so as it's a joint tenancy I'll just tell the landlord that I want MY lease to end.

I'm going to make an appointment with the Citizens Advice Bureau before I write to LL so I can make certain I know what my rights are regarding getting my deposit back. When my lease ends I believe I'm entitled to have my deposit returned if the flat is still in good order. If my husband wants to stay then he can jolly well start a new lease and put down his own deposit money. CAB should be able to to put me straight on whether I'm right or not, and what my options are.

silvercar

I'm going to make an appointment with the Citizens Advice Bureau before I write to LL so I can make certain I know what my rights are regarding getting my deposit back. When my lease ends I believe I'm entitled to have my deposit returned if the flat is still in good order. If my husband wants to stay then he can jolly well start a new lease and put down his own deposit money. CAB should be able to to put me straight on whether I'm right or not, and what my options are.

You are entitled to your deposit back if the flat is in good order, it does also require your husband to move his possessions out. Plenty time we see on this thread that the landlord has retained some of a deposit because goods or rubbish was left at the property.

Have you discussed with your husband that you want him either to leave or to take on a contract with the landlord himself?

Someone may be able to advise on whether a standard periodic tenancy is created if one party remains in the property, the other having given notice and left by the end of the fixed term?