Deposit Dilemma

2520years

Hi All

I feel I'm being pushed into something, so I'm hoping for some good advise. To cut a long story short:

1. Moved into a private rental with wife and kids. Both names on rental agreement.
2. Divorced - I had to move out as I couldn't afford it on my wage.
3. I tell the landlord three months after moving out (so he's reassured wife can pay rent on her own).
4. Eight years later, family move to another private rental.

Now...landlord says he wants my new address so he can write to me about "the situation regarding the Security Deposit". I tell him it sounds ominous and ask if the house was left in a good condition. He ignores my question and asks for my address again. The house has had some cosmetic redecoration, but I think it would be clean and in decent condition.

Here's my dilemma - I don't feel responsible for any damage as I haven't been in there for eight years. However, my name is on the original deposit security certificate...

What would you guys do..? :idea:

Thanks!

Finchy2018

Who was the deposit protected with? Just log in to the scheme and request the money back.

theartfullodger

2520years wrote: »

................
3. I tell the landlord three months after moving out (so he's reassured wife can pay rent on her own)............

You tell landlord WHAT?



If you didn't serve formal notice to quit or get his formal agreement to remove you from the tenancy then you have remained liable for rent and damage etc, even though you moved out.



What does your paperwork state, please?

2520years

I haven't got any paperwork as it was left with the family. I don't know who the deposit was protected with either.

Not looking good is it?

Finchy2018

You just look up on all 3 of the websites and find the one it's protected with

Slithery

2520years wrote: »

What would you guys do..? :idea:

Thanks!

Personally I would man up and pay the money that you agreed to pay.

'Letting the LL know' doesn't legally end the tenancy. It sounds that you could still be fully liable for all of the rent.

In fact if you gave notice and then both of you didn't move out you could be legally liable to pay double-rent all by yourself.

2520years

Finchy2018 wrote: »

You just look up on all 3 of the websites and find the one it's protected with

Thanks Finchy, I've found it.

For insurance deposits I have to write to him, and for custodial I have to raise a dispute. (I suspect it's in an insurance scheme but can't be sure.)

He's got my bank details, so I don't think I need him to write to me. I'll probably ask him not to bother writing, just send the money. :rotfl:

G_M

2520years wrote: »

1. Moved into a private rental with wife and kids. Both names on rental agreement. so you were a joint tenant
2. Divorced - I had to move out as I couldn't afford it on my wage. This does not affect the tenancy.
3. I tell the landlord three months after moving out (so he's reassured wife can pay rent on her own). You 'tell him' you've moved out?
That does not affect the tenancy unless you, the landlord, and your ex all agreed to end it. Did you? Did the LL grant your ex a new tenancy in her sole name?

4. Eight years later, family move to another private rental.
Did 'the family'end the tenancy properly at this point?

If yes, and assuming there is no damage/loss to the property, the deposit should be released to one/both of the joint tenants (you /ex).
If no, deductions may be made, or addiional charges claimed from one or both joint tenants.


Now...landlord says he wants my new address so he can write to me about "the situation regarding the Security Deposit".

Well if the LL wants to make deducions, he has a duty to write to the joint tenants explaining how much and why.

I tell him it sounds ominous and ask if the house was left in a good condition. He ignores my question and asks for my address again.
Understandable. These things are best done formally in writing.

The house has had some cosmetic redecoration, but I think it would be clean and in decent condition.

You 'think'.......???


Here's my dilemma - I don't feel responsible for any damage as I haven't been in there for eight years.
Unless your name was removed from the tenancy you remain liable.

However, my name is on the original deposit security certificate...

What would you guys do..? :idea:

I would have sorted out my liability at the time of the divorce.


Now? I would
a) contact ex and find out what condition the property was left in and
b) contact landlord wih my address.

2520years

Thanks G_M

I appreciate your comments. I’ll consider them carefully.

markin

Ask the ex for a copy of her letter?

saajan_12

2520years wrote: »

Hi All

I feel I'm being pushed into something, so I'm hoping for some good advise. To cut a long story short:

1. Moved into a private rental with wife and kids. Both names on rental agreement. - so you're jointly liable until the tenancy is ended.
2. Divorced - I had to move out as I couldn't afford it on my wage. - doesn't end tenancy
3. I tell the landlord three months after moving out (so he's reassured wife can pay rent on her own). - doesn't end tenancy
4. Eight years later, family move to another private rental. - do they end the tenancy (by serving valid notice or by you all signing an early term?)

..

Here's my dilemma - I don't feel responsible for any damage as I haven't been in there for eight years. However, my name is on the original deposit security certificate... - the certificate is irrelevant to damages, only affects who the deposit scheme will deal with. The joint tenancy agreement is what makes you liable for damages to the LL. You can subsequently claim from ex wife if you mutually agreed she would cover damages after you left, but that's not the LL's problem.

What would you guys do..? :idea:

Thanks!

I would pay for any damages if they exceed the deposit, and wait for the deposit balance to be received (if any). I would then agree with the ex wife which damages / portion of the deposit we should each be liable for, only AFTER the LL was made whole.