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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To not want to have to ask for my money back?

52 replies

MoneyHelpPls · 28/12/2022 19:08

Name changed as some details might be identifying and this is causing me enough drama as it is.

For background, a friend (at the time) took over a lease and I had paid a deposit with another person. Because of the terms of the lease, my half couldn’t be refunded back to me as we had taken out the lease together, so the deposit was transferred over to my friend.

It was quite a significant amount of money and I knew they didn’t have any savings, so I said that they didn’t have to pay it all back to me at once - a sort of favour for them taking over the lease and allowing me to come out of it, but also because I knew they couldn’t afford to pay it all at once and I didn’t want to seem unfair.

They suggested that they could pay a set amount each month when they got paid, and pay more when things had settled down for them in order to repay the deposit. I said that was fine and thought that was that.

This happened 8 months ago and for the last 4 months, I have had to remind them (after their pay date) that they need to pay me.

I have sent my bank details to them every time, specified the amount, said please and thank you, confirmed the balance, asked that they set up a standing order.., everything I can think to do, but still, month 5 and I am still having to chase.

We were good friends beforehand and I never lend money, but didn’t really have a way out this time due to the terms of the lease. We don’t speak any more, other than this conversation every month.

AIBU for not wanting to have to ask every month for what I am owed?

Also, WWYD?!

OP posts:
fancyacuppatea · 31/12/2022 12:44

Small claims court with the Agent/Agency, not your friend.
You paid the money to the agent - they need to refund it.
?

LumpyandBumps · 31/12/2022 13:11

I think you need to pursue this with the Letting Agent.
As you have stated once the fixed period of a joint tenancy has expired either party can give notice to end the tenancy. If this is done properly it ends the tenancy for both tenants.
Once the tenancy ends the property is inspected and any damages agreed. The deposit is then refunded in one payment to the bank account specified by the tenants.
I don’t know of any way for a tenancy to be amended to replace one party.
What should have happened is the old tenancy ends and a completely new one is started. The deposit should have been refunded and then paid and protected for the new tenancy.
There is a possibility that this was done, and that your ex joint tenant asked for the deposit to be paid to the Letting Agency, and they have dutifully re protected it in the new names. That doesn’t seem to be what they are saying though.
If the Letting Agent hasn’t done what is required it is in their interests to sort this out.

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