Return of rent deposit - post divorce advice required

louspoon

Hi,

I have been divorced for about a year now and I am finally moving on from the former marital home. Me and my ex husband lived in the house for 5 years together, he left and I have carried on living there for another 2yrs (7 in total). My ex moved out 2 years ago, a short while after we had separated. We never sorted out finances, e.g. rent and division of deposit. After my ex-husband left, I became lead tenant, I took over paying the rent and deposit remained untouched.

In our divorce correspondence between the lawyers my ex husband confirmed that I was to keep the £1800 deposit. My intention was always to give half back. Still is.

So now after giving notice and confirming my move date, it seems my ex husband and his father (together) have written a strong "robust" worded letter to my landlord asking for the return of the deposit to his father.

They are saying that my ex husband had the initial rental money and deposit gifted to him by his father and under the new regulations his dad is the "relevant person" (even tho there was no mention of his father's name in the first tenancy agreement 7 years ago).

I am wondering the following:

a) My ex walked away from the house inc monies tied up in - is he still entitled to it even tho we are divorced?

b) Does the fact that my ex husband confirmed in legal correspondence that I could have the deposit still apply?

c) We moved into our home in 2012 together, does the updated regulations to the tenancy deposit scheme which came into force (namely the the Deregulation Act 2015) make it applicable that my ex father in law has the deposit even though he was not mentioned within the initial tenancy agreement? I don't remember him gifting the initial monies at the time as it was 7yrs ago.

The only thing I have found of use is to be from the TDS Blog "asktds-what-happens-if-someone-else-pays-my-tenancy-deposit"

"A relevant person may not be able to participate in any tenancy deposit dispute unless requested and authorised by the tenant, but remember, the deposit is paid for the tenants’ obligations and unless there is due authority to release any tenant monies elsewhere, that payment would be sent correctly to the tenants."

Would this mean as the lead tenant that I am to recoup all of the deposit monies back to me?

I'd be grateful for advice.

Comms69

louspoon wrote: »

Hi,

I have been divorced for about a year now and I am finally moving on from the former marital home. Me and my ex husband lived in the house for 5 years together, he left and I have carried on living there for another 2yrs (7 in total). My ex moved out 2 years ago, a short while after we had separated. We never sorted out finances, e.g. rent and division of deposit. After my ex-husband left, I became lead tenant, I took over paying the rent and deposit remained untouched.

In our divorce correspondence between the lawyers my ex husband confirmed that I was to keep the £1800 deposit. My intention was always to give half back. Still is.

So now after giving notice and confirming my move date, it seems my ex husband and his father (together) have written a strong "robust" worded letter to my landlord asking for the return of the deposit to his father.

They are saying that my ex husband had the initial rental money and deposit gifted to him - so relinquished all ownership by his father and under the new regulations his dad is the "relevant person" (even tho there was no mention of his father's name in the first tenancy agreement 7 years ago).

I am wondering the following:

a) My ex walked away from the house inc monies tied up in - is he still entitled to it even tho we are divorced? - You said you never sorted out finances, so yes, in the same way that should you win the lottery he would have a claim

b) Does the fact that my ex husband confirmed in legal correspondence that I could have the deposit still apply? - largely irrelevant to the actual situation - below

c) We moved into our home in 2012 together, does the updated regulations to the tenancy deposit scheme which came into force (namely the the Deregulation Act 2015) make it applicable that my ex father in law has the deposit even though he was not mentioned within the initial tenancy agreement? I don't remember him gifting the initial monies at the time as it was 7yrs ago. - The father gifted the money to your ex husband. If he paid it directly to the agent, then possibly. But if it was via your ex, the ex FIL has no claim

The only thing I have found of use is to be from the TDS Blog "asktds-what-happens-if-someone-else-pays-my-tenancy-deposit"

"A relevant person may not be able to participate in any tenancy deposit dispute unless requested and authorised by the tenant, but remember, the deposit is paid for the tenants’ obligations and unless there is due authority to release any tenant monies elsewhere, that payment would be sent correctly to the tenants."

Would this mean as the lead tenant that I am to recoup all of the deposit monies back to me?

I'd be grateful for advice.

Lead tenant has no legal standing. You are both tenants, you are both entitled to the deposit.


The sensible option is to split it 50-50. That is likely what the landlord would be advised to do.

louspoon

I believe the ex FIL paid directly to the agent - but I don't remember this.

"Lead tenant has no legal standing. You are both tenants, you are both entitled to the deposit." Even tho he left the tenancy over 2 years ago?

Comms69

louspoon wrote: »

I believe the ex FIL paid directly to the agent - but I don't remember this.

"Lead tenant has no legal standing. You are both tenants, you are both entitled to the deposit." Even tho he left the tenancy over 2 years ago?

When you say he left the tenancy, I presumed you meant he moved out.


Do you mean a new tenancy was issued with just your name, and he signed a surrender document?


Please elaborate.

louspoon

Yes, he exited the tenancy by providing a letter to the landlord asking to come off of it

New tenancy was issued with just me on it and he was removed. He gave notice to the landlord in a letter that he was to be removed

sal_III

Is the deposit protected? If so who's on the certificate? If it's protected, the LL has no say where the money goes, so the strongly worded letter is irrelevant.

louspoon

It's in a protection scheme and we are both named.

Comms69

louspoon wrote: »

Yes, he exited the tenancy by providing a letter to the landlord asking to come off of it

New tenancy was issued with just me on it and he was removed. He gave notice to the landlord in a letter that he was to be removed

Sounds like it was 'possibly' ended correctly.


Technically, and legally, the tenancy ends for both of you in such circumstances.


So the deposit should have been dealt with then. As it wasn't the LL has left himself open to a claim.

G_M

louspoon wrote: »

Yes, he exited the tenancy by providing a letter to the landlord asking to come off of it

New tenancy was issued with just me on it and he was removed. He gave notice to the landlord in a letter that he was to be removed

Since the original tenancy was formally ended, the LL should have done a check-out inspection and returned the deposit.


Then you and the LL should have signed a new tenancy agreement and he should have taken (from you) a new depaoit and protected it. He should also have given you a gas report, EPC, gov leaflet etc as for any new tenancy.


However, it seems the original deposit was never returned and a new one for the new tenancy never taken.

It's in a protection scheme and we are both named.

New tenancy was issued with just me on it and he was removed.

seems strange.....


Write to the LL asking for the deposit to be returned 50/50.

TBagpuss

Yes, the landlord should have returned the depsosit to you and your ex when the tenancy changed to your sole name.
I think that there is a fairly strong argument that the landlord should now return it to you both, or 50% to each of you.

sal_III

louspoon wrote: »

It's in a protection scheme and we are both named.

Then i'm fairly sure he has claim for 50%, overdue for the end of his tenancy years ago. In fact the deposit protection scheme shouldn't be able to release the funds without him agreeing to where they go..