Ex forced me to leave. How do I get my deposit?

hlfs

My ex forced me to leave a rental property while I was pregnant, due to domestic violence. I took my name off the tenancy but due to a lot happening, corona virus, 8months pregnant and the domestic violence I didn’t check my rights. He is now subletting the flat and also refusing to give me the deposit back (which I paid for) at the end of the tenancy. I still have the receipt with my bank details and original tenancy documents. The letting agent at the time said that the deposit will need to be discussed between myself and my ex partner. Where do I stand (if anywhere at all!). Any help will be fantastic. I’m short on money and need to find a place to live, and that deposit can go towards a new place for me and my child!

[Deleted User]

hlfs said:

My ex forced me to leave a rental property while I was pregnant, due to domestic violence. I took my name off the tenancy but due to a lot happening, corona virus, 8months pregnant and the domestic violence I didn’t check my rights. He is now subletting the flat and also refusing to give me the deposit back (which I paid for) at the end of the tenancy. I still have the receipt with my bank details and original tenancy documents. The letting agent at the time said that the deposit will need to be discussed between myself and my ex partner. Where do I stand (if anywhere at all!). Any help will be fantastic. I’m short on money and need to find a place to live, and that deposit can go towards a new place for me and my child!

How was your name removed from the tenancy and whose name was the deposit originally registered under? Do you know which deposit protection scheme the deposit was lodged with? 

[Deleted User]

You could try phoning Women's Aid.  They used to have one stop shops where you could get advice from a number of professionals (including a solicitor) at once.  But I would imagine that service doesn't exist now.  But they may be able to refer you to legal help.  
You may have to ask for help from Housing.., they often do first month rent and deposit loans, but best to get advice from Women's Aid first.

hlfs

Lover_of_Lycra said:

hlfs said:

My ex forced me to leave a rental property while I was pregnant, due to domestic violence. I took my name off the tenancy but due to a lot happening, corona virus, 8months pregnant and the domestic violence I didn’t check my rights. He is now subletting the flat and also refusing to give me the deposit back (which I paid for) at the end of the tenancy. I still have the receipt with my bank details and original tenancy documents. The letting agent at the time said that the deposit will need to be discussed between myself and my ex partner. Where do I stand (if anywhere at all!). Any help will be fantastic. I’m short on money and need to find a place to live, and that deposit can go towards a new place for me and my child!

How was your name removed from the tenancy and whose name was the deposit originally registered under? Do you know which deposit protection scheme the deposit was lodged with? 

It was removed by me requesting the estate agent and then confirming it via email with my ex partner. The deposit was lodged with the TDS I believe, I will have to double check!

hlfs

deannatrois said:

You could try phoning Women's Aid.  They used to have one stop shops where you could get advice from a number of professionals (including a solicitor) at once.  But I would imagine that service doesn't exist now.  But they may be able to refer you to legal help.  
You may have to ask for help from Housing.., they often do first month rent and deposit loans, but best to get advice from Women's Aid first.

This is great, thanks! I am already in contact with Women’s Aid and need to update then on a couple of things so I can ask about it it then!

Angela_D_3

hlfs said:

Lover_of_Lycra said:

hlfs said:

My ex forced me to leave a rental property while I was pregnant, due to domestic violence. I took my name off the tenancy but due to a lot happening, corona virus, 8months pregnant and the domestic violence I didn’t check my rights. He is now subletting the flat and also refusing to give me the deposit back (which I paid for) at the end of the tenancy. I still have the receipt with my bank details and original tenancy documents. The letting agent at the time said that the deposit will need to be discussed between myself and my ex partner. Where do I stand (if anywhere at all!). Any help will be fantastic. I’m short on money and need to find a place to live, and that deposit can go towards a new place for me and my child!

How was your name removed from the tenancy and whose name was the deposit originally registered under? Do you know which deposit protection scheme the deposit was lodged with? 

It was removed by me requesting the estate agent and then confirming it via email with my ex partner. The deposit was lodged with the TDS I believe, I will have to double check!

Contact the TDS - you might not get it back until they refund the whole deposit when everyone moves out though, this is what happened to me

theartfullodger

Write (yes WRITE, keep copy) to Landlord (yes Landlord) copy agent requiring your deposit return.  There is guidance on Shelter website 

Your contract was with Landlord so pursue him.

Good luck, best wishes.

dimbo61

When you write to the landlord ask for proof of posting at the post office which is free and not recorded delivery which the Landlord can refuse to accept.
Was the tenancy in your name ? Or both you and your EX.
Was the deposit paid by you to the landlord ? 

[Deleted User]

hlfs said:

Lover_of_Lycra said:

hlfs said:

My ex forced me to leave a rental property while I was pregnant, due to domestic violence. I took my name off the tenancy but due to a lot happening, corona virus, 8months pregnant and the domestic violence I didn’t check my rights. He is now subletting the flat and also refusing to give me the deposit back (which I paid for) at the end of the tenancy. I still have the receipt with my bank details and original tenancy documents. The letting agent at the time said that the deposit will need to be discussed between myself and my ex partner. Where do I stand (if anywhere at all!). Any help will be fantastic. I’m short on money and need to find a place to live, and that deposit can go towards a new place for me and my child!

How was your name removed from the tenancy and whose name was the deposit originally registered under? Do you know which deposit protection scheme the deposit was lodged with? 

It was removed by me requesting the estate agent and then confirming it via email with my ex partner. The deposit was lodged with the TDS I believe, I will have to double check!

I posted when I had just woken up so I should expand a bit more.  There were two things that could have happened:
a) the tenancy was assigned from being in joint names to solely in your ex's name, carrying on as it had previously.
b) the joint tenancy was ended by mutual surrender and a brand new tenancy started solely in your ex's name.
Both achieve the same thing (to remove you from the tenancy) but are different from one another which might affect how the deposit is dealt with.  Do you have any of the documents or emails from the time you were removed from the tenancy? 

hlfs

Lover_of_Lycra said:

hlfs said:

Lover_of_Lycra said:

hlfs said:

My ex forced me to leave a rental property while I was pregnant, due to domestic violence. I took my name off the tenancy but due to a lot happening, corona virus, 8months pregnant and the domestic violence I didn’t check my rights. He is now subletting the flat and also refusing to give me the deposit back (which I paid for) at the end of the tenancy. I still have the receipt with my bank details and original tenancy documents. The letting agent at the time said that the deposit will need to be discussed between myself and my ex partner. Where do I stand (if anywhere at all!). Any help will be fantastic. I’m short on money and need to find a place to live, and that deposit can go towards a new place for me and my child!

How was your name removed from the tenancy and whose name was the deposit originally registered under? Do you know which deposit protection scheme the deposit was lodged with? 

It was removed by me requesting the estate agent and then confirming it via email with my ex partner. The deposit was lodged with the TDS I believe, I will have to double check!

I posted when I had just woken up so I should expand a bit more.  There were two things that could have happened:
a) the tenancy was assigned from being in joint names to solely in your ex's name, carrying on as it had previously.
b) the joint tenancy was ended by mutual surrender and a brand new tenancy started solely in your ex's name.
Both achieve the same thing (to remove you from the tenancy) but are different from one another which might affect how the deposit is dealt with.  Do you have any of the documents or emails from the time you were removed from the tenancy? 

Yes, looking at the email it was just my name taken off to change to a sole tenancy, and not a new tenancy started

hlfs

dimbo61 said:

When you write to the landlord ask for proof of posting at the post office which is free and not recorded delivery which the Landlord can refuse to accept.
Was the tenancy in your name ? Or both you and your EX.
Was the deposit paid by you to the landlord ? 

The tenancy was in both of our names. 

Everything was done and recorded at the estate agents rather than through the landlord, never had any dealings with the landlord!, will this matter?
the deposit was paid by myself by card at the estate agents on the day we picked up the keys (I went by myself, and still have receipt)