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Property/DIY

Landlords returning deposit if you split up

7 replies

Heatherjayne1972 · 28/08/2020 13:25

Around 6 years ago I rented a house with a man and we both paid 50/50 for the deposit
I left 3 years ago and am no longer on the tenancy
He’s now in rent arrears - due to Covid furlough etc
The LL is selling the house and he has to leave
So my question is will they take the money he owes from the whole deposit or only his half?
Any ideas?

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Isthisanokname · 28/08/2020 14:08

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HirplesWithHaggis · 28/08/2020 14:11

I don't think they can take rent arrears from the deposit. Just excess wear and tear.

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BertieBotts · 28/08/2020 14:13

I think, unfortunately, the time to get your deposit back was when you left.

I didn't get mine back when I left XP either. I didn't want to ask him at the time and then when he left the house later I didn't hear anything about it.

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Sunnyshores · 29/08/2020 16:00

Rental arrears are deducted from deposits. Where is the deposit being held? What does your deposit paperwork say ? there are only 3 places it can be registered and it is up to these companies to adjudicate if there is a dispute.
www.gov.uk/deposit-protection-schemes-and-landlords

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UnaOfStormhold · 29/08/2020 16:04

Who is named as the lead tenant on the contract? When the tenancy ends the deposit is refunded to that person who has a duty (which should have been made clear to them at the outset) to divide the deposit among co-tenants.

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Heatherjayne1972 · 29/08/2020 16:23

There’s no dispute. My ex and I are still friendly I was hoping we’d get it back so he could have it all to put down on a new place
I’ve no idea who was the lead tennant originally or where the deposit is

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Sunnyshores · 29/08/2020 17:38

If you havent got any proof that part of the deposit is yours, they will assume its all his and yes, they will deduct outstanding rent

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