Uk deposit issues

axel132132

Hi,

I rented a house with my ex and i paid the deposit on the house out of my bank account!

I moved out as we split up, and now the estate agent are saying they will have to pay it back 50/50 is this correct even though i paid it out of my bank account

The tennancy was set up in both names but deposit left by me

Thanks alot

axel132132

Also legally when a bond is given do both parties sign for the bond as in estate agent and me

Thanks again for your time

Guest101

Even if they do repay it 50/50 (not a legal requirement) you can always issue small claims court proceedings against your ex.


The situation is complicated, but that is the short version of your question

axel132132

Do you know what is legally if that makes sense!

Like is the law split 50/50 or is the law give it back to who ever paid it

Guest101

axel132132 wrote: »

Do you know what is legally if that makes sense!

Like is the law split 50/50 or is the law give it back to who ever paid it

It's not that simple.


You are joint tenants - essentially you are one person. So paying back to one, is the same as paying back to the other (or both)


You and your ex have a separate agreement - probably verbal - which is the way rent, bills and deposit is split.

Pixie5740

As you were joint tenants then in the eyes of the law there is no "your share" or "his share" you were a single entity. The deposit belongs to the "tenant" and can be returned to one or both of you. Usually the deposit is returned to whoever is named as the lead tenant on the deposit registration account.

Has the joint tenancy actually been ended?

G_M

It sounds as if you were joint tenants.

In a legal contract (tenancy agreement) there are two legal entities

1) the landlord
2) the tenant

The fact that 'the landlord' might actually be two or more people (eg husband & wife who own the property jointly) makes no difference. 'The Landlord' is a single legal entity in law.

The same is true of 'The tenant', even if there are actually 2, 3 or more people comprising that single legal entity.

So if the deposit (all of it) is returned to one person named on the contract, then so far as the law is concerned, the deposit has been returned to 'The Tenant'.

There is no requirement for the landlord to split the deposit it between joint tenants, any more than the rent is split up between joint tenants. (The tenants jointly must pay the full rent - not just their own 'share').

It is for the joint tenants to arrange their financial affairs between themselves to ensure the full rent is paid, the full deposit is paid, and on return, the deposit is shared out (in whatever proportion they wish).