Ex's mother wants deposit back

Rosemary7391

Maybe write to both of them stating the position (x amount of deposit due back; 1 months rent not due back) and asking the ex to whom she should send the check? If it's as BrassicWoman says then this covers the OP legally but she does the right thing by the ex too.

(I wonder - might the discrepancy in amount be due to, ahem, miscommunication between ex and his mother?)

Guest101

LittleFawn wrote: »

Long story short:

My ex partner and I joint rented a flat both working. Paid the first months rent and deposit together. I paid 50% from my own money and ex's mother paid 50% as a gift for him. He spent all of his money on things we wont mention and I found out and asked him to vacate.

Got the tenancy renewed under just my name, and the ex made his OWN decision to help me with rent every month by making payments into my bank. He stopped after several months.

The ex's mother has contacted me and asked me for the 50% of deposit and first months rent back even though she paid it to him as a gift. I am planning to vacate within the next month, we haven't had contact since the ex and I broke up.

I am trying to find all my paperwork, and I have a funny feeling that the deposit happens to be paid under my name. If not then it's definitely under mine and the ex's name, and not the mothers.
She also told me to not contact the ex regarding the matter, as far as I know they don't speak much.

What is my legal standing on this?
Do I have to pay it back to her?

The rent, no.


the deposit, yes half is hers (or his) but not yours

Guest101

G_M wrote: »

1) you received nothing from the mother - she lent it/gifted it /whatever to her son. So she can only ask her son to repay her.

So ignore the mother with whom you have no legal relationship regarding any loan.

2) whether you choose to return anything to your ex is a seperate matter, but since you and ex have already agreed he should help you financially, and he's been helping you with at least some of the rent, it appears you agreed you don't owe him.


3) Since the joint tenancy with ex has already ended, the deposit currently held by the landlord is for your (new) sole tenancy. The deposit is therefore legally 100% yours.

Don't ask me what happened to the original deposit - it should have been re-paid when the joint tenancy ended.

Only from the LL and tenant perspective. In effect the ex lent her the deposit money so she could stay

joshardy

If you really did cover some of his bills/subsidise his expenses during that period, I would be honest about what it cost you and deduct it from his contribution to the deposit. If there's anything left then that's his, if not, move on!

Guest101

joshardy wrote: »

If you really did cover some of his bills/subsidise his expenses during that period, I would be honest about what it cost you and deduct it from his contribution to the deposit. If there's anything left then that's his, if not, move on!

That wouldn't work. They were one household, unless she can show that those payments were a loan (they weren't), then that money is in essence gone.

SuboJvR

If his mother is now asking for a higher value, is it possible he lied to her when you first moved in together about how much money he needed?

Red-Squirrel_2

LittleFawn wrote: »

I have full intention of paying back 50% of the deposit, I forgot to mention in my original post. I am very tired and very stressed out.
It's just that she's asking for deposit and first months rent, then asking me for a very steep price for it.

A steep price? Do you mean she's asking for more than the actual amount that she originally paid?

TBagpuss

Unless you had a an agreement with mum at the time you moved into the flat that she was lending the money to you and Ex jointly, you have nothing to do with her money or whether it was a gift or a loan to her son.

You'd be fine to just ignore her completely, however, In your position, I'd respond to her to say something along the lines of:

"I won't be making a payment to you as I have never borrowed any money from you. I don't know whether the money Ex paid for his half of the deposit or rent was money he borrowed from you, or money you gave him as a gift, but that is a private matter between you and him, I won't be getting involved.

I will be returning 50% of the deposit money which is repaid to me, to Ex.

Of course, if Ex wants his share of the deposit to be paid to you instead of to him, I'm happy to send the funds to you but I would need him to confirm to me directly, in writing , that that is how he wants his share to be paid."

I'd send that either as text or email, so you can keep a copy


If you paid her anything without your ex's consent then he could still claim his share of the deposit from you (he might struggle, legally, if it was held in your name, but that's a different issue)

It sounds to me as though wither she has had a falling out with him, and wants back money she's given/lent him, or she is angry with you for having broken up with him, and thinks she can bully you into giving her money. But neither of those things makes you responsible for paying her anything.