Coming Off Tenancy But My Deposit

Dominic1234

Hi , I'm looking for some advice regarding my deposit when I come off the tenancy. 
Me and my partner have recently split up, she is going to stay in the property with our 3 children, for her to receive the full amount of housing benefit/universal credit, I'm not sure what it comes under, I would need to remove myself from the tenancy. I have no problem doing this but I put the deposit down on the property and she is not willing to pay it back to me herself.
What are my options? 
I obviously wouldn't want to make my ex and kids homeless should I say to the agent I want my deposit back.
Thanks 

[Deleted User]

Dominic1234 said:

Hi , I'm looking for some advice regarding my deposit when I come off the tenancy. 
Me and my partner have recently split up, she is going to stay in the property with our 3 children, for her to receive the full amount of housing benefit/universal credit, I'm not sure what it comes under, I would need to remove myself from the tenancy. I have no problem doing this but I put the deposit down on the property and she is not willing to pay it back to me herself.
What are my options? 
I obviously wouldn't want to make my ex and kids homeless should I say to the agent I want my deposit back.
Thanks 

When the joint tenancy is ended the landlord should return the deposit minus any allowable deductions to the lead tenant. Your ex should sign a new tenancy solely in her name. Will your ex meet the affordability for renting the flat  on her own? 

How and when the joint tenancy can be ended will depend on whether you’re in a fixed term or periodic tenancy. If you’re still a fixed term contract you might need to look at a deed of variance to put the tenancy solely in your ex’s name. The landlord may or may not agree to this. 

Dominic1234

Hi Lover or Lycra, thanks for your reply. She seems to think with the universal credit, child benefit, my child support payments that she can. That is up to her if she can or not. Once I’m not on the tenancy it will not be my responsibility financially anymore, of course for my kids I wouldn’t want them homeless. 
We moved in to the property in January 21, but had a break clause entered into the contract which has passed so am right in thinking there will be no consequences for ending now? 
Thanks 

[Deleted User]

Dominic1234 said:

Hi Lover or Lycra, thanks for your reply. She seems to think with the universal credit, child benefit, my child support payments that she can. That is up to her if she can or not. Once I’m not on the tenancy it will not be my responsibility financially anymore, of course for my kids I wouldn’t want them homeless. 
We moved in to the property in January 21, but had a break clause entered into the contract which has passed so am right in thinking there will be no consequences for ending now? 
Thanks 

Actually, it's up to the landlord to decide if she meets affordability on her own.  I don't know the terms of the break clause so I don't know if there will not be any consequences for ending the tenancy now. Many break clauses are very badly drafted.

If you serve notice to end the tenancy and the landlord does not offer her a new tenancy agreement on her own then you will both have to vacate the property.  You may not think this is your problem but it will be if she doesn't move out because legally the landlord would be entitled to charge you both double rent under the Distress for Rent Act 1737.