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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To ask if the deposit would go to me?

50 replies

Hettysdog · 02/05/2020 10:58

I’m renting. Been in the house 6 years. My ex paid the deposit for the house along with the fees and first months rent. He moved out 3 months later. I claimed benefits and stayed in the house ever since. We have a child together and now I’m moving into a new house with my new boyfriend.

I’ve told my ex I’m moving and he’s saying he needs the deposit back. I’ve told him I need it for myself and my child too be into a better home! I haven’t asked the letting agent yet as I don’t want to....I’m afraid of what they might say.

Will the deposit go back to me even though he paid it? I told them years ago that he’s moved out. He’s not on the tenancy anymore. Anyone help?

OP posts:
june2007 · 02/05/2020 11:01

Well if he paid it, then it should go to him shouldn,t it.

Lemonblast · 02/05/2020 11:05

The least you should do is give him 50% back.
You’re moving in with someone else so presumably you’re not paying a new deposit up front?

PleasantVille · 02/05/2020 11:06

No idea about the legalities but why would it go to you when you didn't pay it in the first place 9

Chocolate1984 · 02/05/2020 11:07

It will go back to him. Needs to go back to him for money laundering purposes too I believe?

However I don’t see why your ex should pay for you and your new boyfriend to get a better house.

Smile19 · 02/05/2020 11:09

Sorry this sounds difficult. I think if he paid the deposit, be should get it back and you need to make other plans. At the least he should have 50% but considering he also paid a months rent upfront too I think morally he should get his money back. I hope everything works out for you.

CuriousaboutSamphire · 02/05/2020 11:10

That depends whose name was on the paperwork.

LonnyVonnyWilsonFrickett · 02/05/2020 11:11

He paid it, so it should go back to him. Surely that's clear?

averythinline · 02/05/2020 11:11

it will probably go back to him...
howver he may choose to accept 50% if it is for his childs house.....

your new dp should be providing 50% for the house if going to be joint so that may work ?
he could say no .....

heretobeanonymous · 02/05/2020 11:11

Why should you get it? It was his money.

Dotty1970 · 02/05/2020 11:13

It's his money!
why should he pay for your new property with your new dp just because you 'need it'.

PurpleRose01 · 02/05/2020 11:15

Talk about grabby. It isn't your money!

LaPampa · 02/05/2020 11:17

Won’t it go back to whoever is listed/registered as lead tenant on the tenant deposit scheme

Original poster
Hettysdog · 02/05/2020 11:17

I don’t want to go into the details of it all. He pays little maintenance, hasn’t bothered with his child in all of this situation we are in now. Not even taken her for a walk....nothing. He’s just not bothered about her so why should I give him it back? I do everything for dd. Compensation

OP posts:
Original poster
Hettysdog · 02/05/2020 11:19

I just want to know what is right legally. Both our names were on the tenancy. We split up 3 months later and I informed the letting agent. I claimed benefits and have done ever since. I don’t want to ring the letting agent incase that makes them realise they have to give it back to him. I’d rather say nothing.

OP posts:
Pika09 · 02/05/2020 11:19

Drip drip drip

thedancingbear · 02/05/2020 11:21

He’s just not bothered about her so why should I give him it back?

BECAUSE IT'S HIS FUCKING MONEY

LochJessMonster · 02/05/2020 11:21

Compensation?? Fuck sake

It’s his deposit, he should get it back.

Original poster
Hettysdog · 02/05/2020 11:22

Right ok, I’ll prepare myself for it going back to him. Thanks. I don’t need a lecture. I just wondered if anyone knew what happens in these circumstances

OP posts:
HollowTalk · 02/05/2020 11:23

Did he leave you in the lurch financially? He entered that agreement with you believing that he'd be paying half the rent, presumably? If he's not paying proper maintenance then I would tell him it cancels out a certain number of months.

fredisthebestandthelast · 02/05/2020 11:28

It goes back to the lead tenant that the deposit is named with for DPS so it probably will go back to him.

myangelalex · 02/05/2020 11:28

If he paid the deposit and has a debit on his bank account to prove it, it must go back to him. The deposit is separate from the rent so has nothing to do with it. What he pays in maintenance is irrelevant. You have benefited from this payment from him so it needs to be returned. He could probably take you to a small claims court. He was liable to half the rent though, so if you don't pay it, it will be taken out of the deposit. Not sure if this is wise though

UnaOfStormhold · 02/05/2020 11:43

The deposit should be protected and you should have details which will show you who the lead tenant is. Normally the deposit is returned to the lead tenant. If your landlord or the agency hasn't protected the deposit then they're on very dodgy ground and can be fined.

Carolduckingbaskin · 02/05/2020 11:56

Check who is the lead tenant on the DPS website. But to be honest - he paid it, so it should be his.

wombat1a · 02/05/2020 12:04

Give it back to him and think of it as having had a 6 year interest free loan instead.

NoMorePoliticsPlease · 02/05/2020 12:13

The deposit should have been paid into a Deposit Protection scheme. You should find out which one and get the contact number. If you are both equal tenants then both names should have been given to the Holder. This happened to one of my tenants whose boyfriend had promised her the deposit. Once I had agreed to the release, it was relaesed to him. If your other half knows nothing about this you could be one step ahead, If he is not on the tenancy you should tell them. This is not down to the agency, you will need to be proactive. i think legally you may have a case, but morally perhaps not. As it was a joint tenancy he may agree to splitting it. Talk to the deposit holder. If you are the only name, it will be released to you and its up to you what you o with it. I see he also paid the fees and the first months rent. Did you pay the next two? It does seem he didnt get very long

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