Tracy deposit dispute

Jimmy24680

I'm looking for some advice regarding a deposit dispute. Myself and my now ex-partner rented a property for 4 years. The deposit was lodged correctly in a government scheme in both our names with myself as the lead name.
Long story short, my wife and I separated and I moved out. The agent refused to simply remove me from the lease and forced my ex to reapply for a new lease in her some name which was approved.
My ex moved out of the property 18 months later and we requested the return of the deposit 50:50.
The landlord is now making a claim for damages to the full value of the deposit (£900).
We can and will be challenging their claim with supporting evidence but my question is can they make a claim against the deposit which was for the joint tenancy for claims arising from a different lease.
The deposit was never transferred into a new agreement when the lease changed.
Plenty of inspections were carried out (both jointly and in her sole lease) and no issues or damages were raised.

Pixie5740

Jimmy24680 wrote: »

I'm looking for some advice regarding a deposit dispute. Myself and my now ex-partner rented a property for 4 years. The deposit was lodged correctly in a government scheme in both our names with myself as the lead name.
Long story short, my wife and I separated and I moved out. The agent refused to simply remove me from the lease and forced my ex to reapply for a new lease in her some name which was approved.
My ex moved out of the property 18 months later and we requested the return of the deposit 50:50.
The landlord is now making a claim for damages to the full value of the deposit (£900).
We can and will be challenging their claim with supporting evidence but my question is can they make a claim against the deposit which was for the joint tenancy for claims arising from a different lease.
The deposit was never transferred into a new agreement when the lease changed.
Plenty of inspections were carried out (both jointly and in her sole lease) and no issues or damages were raised.

What advice are looking for? I might have missed it but I can't see a question? G_M's Guide to Tenancies in England/Wales sticky at the top of the board is a good starting place for information.

danlewi2

who is tracy?

CarrieVS

Pixie5740 wrote: »

What advice are looking for? I might have missed it but I can't see a question?

Jimmy24680 wrote: »

my question is can they make a claim against the deposit which was for the joint tenancy for claims arising from a different lease.

Apparently I need to write at least 10 characters that aren't part of a quote.

danlewi2

but who is tracy?

theartfullodger

(Assuming this is England no Scotland)





Unless you agreed to the deposit being transferred to wife's new sole tenancy, suggest you follow Shelter's guide to getting YOUR deposit back from the ORDINAL tenancy.


If you ever leave a joint tenancy in future simply serve valid NTQ and that will end tenancy for all joint tenancies.

tacpot12

If your challenge to the claim is only partially successful, have you agreed with your ex how the deposit that is being returned is to be split?

HampshireH

The landlord ahould have returned your deposit from the scheme when ending the joint tenancy.

They should have then put your wifes deposit in the scheme and registered it.

I would argue this point with them. If you are not on the tenancy your money should not be in a deposit scheme or in your name with a deposit scheme unless you gifted this to your wife and it was changed into her name.

If this was the case then the recovery by the landlord is irrelevant to you and more a problem for your now ex.

I've not read shelters guidance so thr above maybe factually incorrect but it seems logical.

G_M

Jimmy24680 wrote: »

I'm looking for some advice regarding a deposit dispute. Myself and my now ex-partner rented a property for 4 years. The deposit was lodged correctly in a government scheme in both our names with myself as the lead name.
Long story short, my wife and I separated and I moved out. The agent refused to simply remove me from the lease and forced my ex to reapply for a new lease in her some name which was approved.
My ex moved out of the property 18 months later and we requested the return of the deposit 50:50.

* I assume you have the original tenancy agreement (1).
* I asume you (or ex) have the replacement tenancy agreement (2).

So you have clear evidence that on or before the start date of 2) above, 1) above ended (whether by mutual agreement, notice whatever is irrelevant).

So you put in a written request for the return in full of the deposit for 1) which should have been returned at/before the date of 2).

Any deduction from that deposit would need to be supported by evidence which after all this time would be hard for the landlord to produce.

If the LL wishes to claim for damage done during the recent tenancy 2), he could do so via court action against the sole tenant.

AnotherJoe

Never mind all that.
We all want to know who Tracy is.

jimbog

Lives here apparently