Seeking to get rent deposit back following break up

Mallotum_X

The costs (££ and emotion) of going legal on this are likely to outweigh any benefits. Chalk it up to a bad relationship and move on.

dekaspace

I am no expert but there could of been a screw up in return of old deposit, it could of been released to her which if she has debts already sounds unlikely or more likely they released it to new agents directly who had no idea.

I have in the past when moving out been asked for bank details to release deposit, as they never logged them at the time.

[Deleted User]

The original LL was responsible for the deposit. But I suspect that (and you haven't answered ANY of GM's questions as yet, just piling more information in) either the tenancy wasn't changed over as you requested, or the deposit wasn't dealt with as you were told.

The old LL has primary responsility for this.

But I'm afraid, you also should have chased this up sooner, asked and made sure you received paperwork following your instructions. The most recent letter does not even say who the new tenancy was assigned to.

However, you do need to contact the new LA/LL to make sure the new tenancy does not have your name on it as if your ex does accrue arrears, you will be chased for them. All you may be able to do at this point is limit your losses (or potential losses).

So you will probably be on a loser here.

luckybert

The instructions that were left with the old letting agent was that I hold the deposit and they would contact me should she move out - clearly they haven't done this. What was I supposed to do check every week to see if she is still there? It would also appear that she hasn't' moved out but has merely moved to a new agreement.

I haven't answered the questions as I don't know the answers

RAS

Was the deposit protected; check all three schemes?

If not sue the old landlord (letter before action). That should unstick any failied memories and at least extract the deposit.

For heaven's sake get on with it because you are right up against the 6 year deadline for legal action.

[Deleted User]

luckybert wrote: »

The instructions that were left with the old letting agent was that I hold the deposit and they would contact me should she move out - clearly they haven't done this. What was I supposed to do check every week to see if she is still there? It would also appear that she hasn't' moved out but has merely moved to a new agreement.

I haven't answered the questions as I don't know the answers

If you hold the deposit, why do you need it back? You were saying the deposit was handed to the original LA. If that is the case, you don't seem to understand how a tenancy works. This is a major problem.

If you don't know the answers you don't have a hope right now. Yes, if you want your deposit back, you would need to know if she still lives there on an ongoing basis(every week comment is silly). Better find out if tenancy is in your name, and if it is, get hold of copies of the tenancy agreements and any other paperwork you can.

Frankly, given the history, your answers and your knowledge, you don't seem to have much hope. You can write to the old LL/LA or engage a solicitor threatening legal action but without any evidence of wrong doing etc.., you are not going to have much chance.

G_M

luckybert wrote: »

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.......

Obviously we only know part of the story, but on the face of it, the letter above seems perfectly reasonable, and explains the current agent's position and liability.

It appears as if

* the original tenancy was ended (at some point. perhaps when the property was sold and new landlord took over?)
* the deposit was released (to one of the joint tenants - the ex)
* a new tenancy was created (in ex's sole name???)
* a new deposit was taken from ex (probobly the same 'virtual' money which may not have actually changed hands)
* the new deposit was registered in ex's name.

If I'm right, you have no claim against either the current (new) landlord, or his (current) agent.

You may have a claim against the old landlord, or his (original) agent, depending
* what exact agreement you had with him/them
* whether you were shown as the 'lead tenant'

You DO have a claim against your ex, who should have passed the deposit to you when it was released.

luckybert

Why do I want £850 back of mine???

Erm now let me think.