How do I get my money back for a flat Deposit?

Eastender

Hello Folks,

I loaned my sister's hubby deposit for their rental flat, but now they're separated and with possible divorce and he is not giving back the money and he is living in the flat with their new born child. My sister now lives in a hostel as she has mental health issues.

Since he is not living with her, he should give the money back. My sister needs money and she is not in a job.

How do I get my money back from him, is small claims court the best way? I gave him via bank transfer.

Oakdene

Is there an agreement to say that it will be repaid upon seperation if one person should reside there?

Eastender

Oakdene wrote: »

Is there an agreement to say that it will be repaid upon seperation if one person should reside there?

No, there is no agreement in writing. He asked for help as a loan, and since he is not living with my sister, he should give the money back.

hazyjo

Oakdene wrote: »

Is there an agreement to say that it will be repaid upon seperation if one person should reside there?

*other than verbal




Also, what was the repayment plan for that money? Monthly? Weekly? When they had it?

Oakdene

Eastender wrote: »

No, there is no agreement in writing. He asked for help as a loan, and since he is not living with my sister, he should give the money back.

This is why its not a great idea to loan money without agreements in place for repayments, you may well struggle to get it back as there isnt any form of agreement in place that dictates terms of repayment.

Eastender

hazyjo wrote: »

*other than verbal




Also, what was the repayment plan for that money? Monthly? Weekly? When they had it?

He told me that, since my sister is no longer living with him, he will vacate the flat and move outside London and get the deposit back from the Landlord. That was last April and he is still living in the same flat and is ignoring my phone calls and texts.

My sister tells me to get the money back from him as well. But how can I

Oakdene

Eastender wrote: »

He told me that, since my sister is no longer living with him, he will vacate the flat and move outside London and get the deposit back from the Landlord. That was last April and he is still living in the same flat and is ignoring my phone calls and texts.

My sister tells me to get the money back from him as well. But how can I

I dont really know how you can proceed without any form of agreement as he could say it was a gift & you said it wouldnt have to be repaid. At the same time he is now a full time single Dad to your neice/nephew & there may well be genuine reasons why he cant leave the area.

Eastender

Penitent wrote: »

The husband is now a single parent to a newborn. Is your sister comfortable with you taking money away from the man caring for her child to give to her?

If your sister needs money and is unable to work due to her mental health problems, has she looked into which benefits she can claim (ESA, PIP, housing benefit)?

He took the money as a loan and the separation was bitter no doubt but I want my money back.

hazyjo

You say 'their' rental flat, but say you lent it to him. Surely that means you lent it to him and your sister?


Is the tenancy in both their names? Your sister is liable too if that's the case - if he doesn't pay rent, they can come after her.


I'd be more worried about that if that's the case...


Jx

Eastender

hazyjo wrote: »

You say 'their' rental flat, but say you lent it to him. Surely that means you lent it to him and your sister?


Is the tenancy in both their names? Your sister is liable too if that's the case - if he doesn't pay rent, they can come after her.


I'd be more worried about that if that's the case...


Jx

Last time he told me he is going to vacate the flat, get the deposit back and move into the country.

He is a shrewd man, took advantage of a vulnerable woman, who has a supportive elder brother who financially helped his sister when needed.

Now he kicked her out, enjoying the luxury of living in a flat, while she is staying with drug addicts and drunkards in a hostel. He knew I would be financially supporting my sister and he took the deposit as a loan.

Now what I want to know, can I claim through small claims court?

hazyjo

Eastender wrote: »

Last time he told me he is going to vacate the flat, get the deposit back and move into the country.

He is a shrewd man, took advantage of a vulnerable woman, who has a supportive elder brother who financially helped his sister when needed.

Now he kicked her out, enjoying the luxury of living in a flat, while she is staying with drug addicts and drunkards in a hostel. He knew I would be financially supporting my sister and he took the deposit as a loan.

Now what I want to know, can I claim through small claims court?

I presume they have been there for at least 7 or 13 months then if he said he was leaving in April seeing as tenancies are for a year or so, maybe with a 6 month break clause.


Has he/they paid anything back to you so far during that time?


What was the repayment plan (asked before)?


I don't think anyone can answer your question until we have these facts.