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Ex's mother wants deposit back
LittleFawn
Posts: 22 Forumite
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?
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?
0
Comments
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If it was a gift to him then you are beholden to give it back to him, not her. It became his when she gave it to him. Perhaps send her a dictionary if she doesn't understand the word.
Indeed if you gave it to MIL then he could still insist you returned "his" 50% and he'd be right.0 -
The money was a gift to her son, if she wants to get it back from anybody it should be him.
Whether you should give him 50% back when the deposit is returned is a different issue.0 -
The half deposit does technically belong to the ex. Even if not on the paperwork, then morally.
The half month's first rent he had/used, so that's off the table.
If I were you I'd write a letter to both of them ... saying you'll return 50% of the deposit you get back to him and he can then settle with his mum but that's between them.0 -
The first month's rent is gone; that wasn't a loan to you. If it was a loan to anybody it was to her son, so that's between them.
As far as the deposit goes then legally it would have to be the ex suing you for it, and it depends on what proof he has that he paid it. Morally, don't you think that if you get the deposit back you should give her the 50% she paid? Why should you keep it?0 -
Time for him to face some music from a close relative methinks. She probably already knows she won't get it from him, which is why she is contacting you. Otherwise her comments are a bit strange. You paid your half of the deposit. How he got his part of the deposit and paying it back is between the two of them.0
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Maybe he can't be trusted with money if the deposit is in just your name maybe return half of it to her when you get it back if it's in both your names return it to him.
The rent part of the gift has been spent as intended and is gone and that shouldn't be returned to either.0 -
Red-Squirrel wrote: »The money was a gift to her son, if she wants to get it back from anybody it should be him.
Whether you should give him 50% back when the deposit is returned is a different issue.
I'd be surprised if anyone paid a returnable deposit as a gift.0 -
ScorpiondeRooftrouser wrote: »I'd be surprised if anyone paid a returnable deposit as a gift.
That's exactly what the OP says though.0 -
Red-Squirrel wrote: »That's exactly what the OP says though.
I know. I'd still be surprised. That he said to her "My mum is paying my half of the deposit" seems likely. That anyone said "My mum is paying my half of the deposit as a gift", I can't see. It's a strange "gift" when you have no idea if it will be returned or not.0 -
deannatrois wrote: »Time for him to face some music from a close relative methinks. She probably already knows she won't get it from him, which is why she is contacting you. Otherwise her comments are a bit strange. You paid your half of the deposit. How he got his part of the deposit and paying it back is between the two of them.
Everyone involved knows the other half of the deposit was paid by his mother. I don't think it's at all odd for her to say "Can I have that back when/if you get it." The rent is entirely different.0
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