Seeking to get rent deposit back following break up

luckybert

Back in 2010 I got involved in a relationship and after a short time we decided to rent a house. She was on low income so I put down the deposit of £850 from MY bank account. We then had several arguments and I walked away after 6 months leaving her there with about £3000 worth of goods I'd bought. To my knowledge she still lives in the house and I want to get my deposit ask that I paid for. The woman is a nightmare and I do not want to deal with her personally. I'll give you a clue...she drove drunk to see me and crashed her car and then expected me to pay towards it. She even tried to contact me months afterwards claiming bills she was still receiving were from my time there and I need to contribute (you get the picture). I still have the receipt and I have approached the letting agency about this but they say that until she leaves I can't get my money back.

Is this right and is there any way I can get my money back without personally having to deal with her?

Dan-Dan

Sue her?


Sounds like a nightmare best away from and move on

HappyMJ

Are you on the tenancy agreement?

Is the deposit protected in your name?

Pixie5740

I think you've got a bigger problem than the £850 deposit. Do you have a joint tenancy with her meaning that you have joint and several liability for the whole rent? In other words if she stops paying her rent or has to be evicted using court & bailiffs, then you are just as much (legally) liable for those costs as she is.

It's been what, 5 years, since you split up? Be prepared to chalk the £850 up to experience and hope that she doesn't cost you any more money in unpaid rent.

luckybert

I left in June 2011 and have my name removed from the agreement.
I have visited the letting agency and explained the situation and told them if/when she leaves that the deposit comes back to me as it's me who paid it originally. I'm not sure if my deposit is protected.

This type of scenario must happen a lot I would have thought.

HappyMJ

luckybert wrote: »

I left in June 2011 and have my name removed from the agreement.
I have visited the letting agency and explained the situation and told them if/when she leaves that the deposit comes back to me as it's me who paid it originally. I'm not sure if my deposit is protected.

This type of scenario must happen a lot I would have thought.

If the joint tenancy has ended then the deposit should be returned at the time.

She will need to lodge a new deposit with the landlord which will be protected.

I would find out if the deposit is protected and if you can get it back that way. After nearly 5 years I don't think that option is open to you but you can raise a court claim against the landlord for the return of the deposit. I would send a "letter before action" to the landlord before starting a claim.

G_M

luckybert wrote: »

I left in June 2011 and have my name removed from the agreement.
I have visited the letting agency and explained the situation and told them if/when she leaves that the deposit comes back to me as it's me who paid it originally. I'm not sure if my deposit is protected.

This type of scenario must happen a lot I would have thought.

How was your name 'removed'??

Where is the depoit registered? In whose name? Have you checked?

* Deposits: payment, protection and return

Either

1) the original tenancy was ended and a new one created in her sole name. Did this happen? If so, the original deposit should have been returned (to whoever was listed as the 'lead tenant') and then a new deposit taken from her for her new tenancy

2) a Deed of Assignement may have been executed (with all parties signing, with witnesses). Did this happen? If so, the original deposit would be retained, and will be returned to the (now) sole tenant when the tenancy ends. Were you listed as the 'lead tenant' originally? If so, you should have been removed as 'lead tenant' (and that was the time to negotiate with here for your share to be paid, since the deposit was being transferred into her name).

You always have the option of suing her, though it sounds like even if you win, she has no money to pay you.

luckybert

I contacted the lettings agent again and was told this........

We do not deal with this property any more, your former landlord sold the property and it is now being managed by ***** in ******. The deposit has been transferred to them so you’ll need to get in touch with them in order to discuss the issue.

G_M

If you want assistance, then answer the questions you've been asked.

Your contract is/was with the landlord, not the agent (past or present), so contact the LL or his current agent.

but first answer the questions........

luckybert

Just received this from the current letting agent.

I think it's time to contact financial ombudsman as they will just have me bouncing between the two. In my opinion the old letting agent (who I put the deposit down with) haven't returned it to me but have used MY money against the new tenancy agreement and as stated it wasn't her money!

Dear Mr. *****,

Thank you for taking the time to write to us.

I am sorry to hear of your frustrations on your previous tenancy at
************** and our apologies on the time it may have taken to come back to you, as we were looking to see who best to answer your concerns.

There have been some considerable changes during this time including the previous owner /Landlord having now sold the property to a new owner who has then decided to come away from the previous agent and instructed **** to provide a rent collection service. We have never been made aware that you were living there and neither did we know that you had contributed to the original deposit that would have been paid. We would also of had no dealings with or responsibilities to do with the previous or your tenancy. This would have been down to the owner, the agent and all tenants at the time before ******* were instructed.

The new owner / Landlord bought the property back in May 2015 and had agreed to purchase the property and keep the only 1 tenant as they knew it on. A new tenancy agreement had been put in place and the deposit was released by the previous agent without question which has now been registered correctly in the new owners and current tenant’s details.

Should you have been on any previous tenancy at ******* and been registered on the deposit details then you would need to speak or raise any complaints to the Letting agent that had this at the time of your tenancy. They would be aware and responsible for any changes during your tenancy and any deposit negotiations that may or may not have occurred. As ****** had no dealings with your tenancy we would not be able to assist you with any information with your tenancy ending or what had happened during the deposit release.

I hope that you are able to seek the resolution your after and If I can be of any further help then please feel free to contact me.

theartfullodger

Bert:

My suspicion is - unless you have paperwork to prove otherwise - that your name may still be on the tenancy.

Ask agency if that is the case: If so, simply give valid notice immediately and on expiry the tenancy will end & she'll have to leave (or sign a new tenancy) and the deposit refund or not will then occur.