Ex trying to take tenancy deposit out of scheme

[notjustamother]

Hi wondered if anyone can help ...

Me and ex (kids dad) lived together up until end of last year.

He moved out and the tenancy was changed from joint both of us to just my name on the tenancy agreement. The tenancy deposit had been secured with DPS in both of our names and hasn't been changed to just my name.

Ex has messaged landlord asking to be repaid the full amount. Landlord has contacted me to see what's going on - ex hasn't said anything to me.

Am I right in assuming because the tenancy scheme is in both in our names he's entitled to half back? I have called DPS and they said I needed to seek legal advice. Money for the deposit came from my own personal bank. I don't have the large sum to pay out nearly £3k for if it's the full amount to top it back up and I guess me and the kids are at risk of loosing our house.

I’d have thought that if you can prove you paid it he can do one. Maybe he needs reminding of that

The scheme should have a dispute resolution service. Have you tried that?

I think you need legal advice too. I think it depends on whether you and Ex were married and on who’s money paid the deposit originally.

If he is entitled to any amount, I’d arrange to pay him back in instalments and just leave the deposit alone.

No advice but gosh what a dick move.

My understanding is that it can only be protected under one person, and it's that person who is entitled to get it back from DPS. What happens with the money afterwards is nothing to do with DPS. Which name is it under? Whose email address is it listed under?

Hi OP, might be worth asking MNHQ to move this to the legal matters board. Good luck, and hope you get sorted, your ex is a git!

It's listed under both of our names, it will get returned to the landlord I think and then he is due to give it back. I don't really want to cause a massive fuss with the landlord and get him stuck in the middle of a domestic or go to court etc as I cannot afford fees. The money was transferred over from his mum to his bank then over to mine and I paid the landlord. Then when we received the money back from our previous tenancy agreement I paid that back to her and topped it up also from my own bank. (Previous tenancy deposit was my own money)

Ex has been a dick the whole way through so this doesn't come as a shock - this has all come about because he is angry the csa (a measly £30 a week for 4 kids altogether) is about to be taken out his wage as he refuses to pay anything to me!

Work out how much he paid from the paper trail, ie the bank transfers that you have proof off and pay that to him. Leave the money in the scheme and set up a plan to pay him back.

Even if it means receiving the £40 per week child support then sending it back to him as tenancy deposit repayment.

Do it all in writing via email, everytime you send a payment and pay by bank transfer so you have recorded.

He cannot take you to court if you pay. But make sure you pay him what he put in and not a penny more.

If he won't accept instalments as he is a team, do you have anyone you can borrow the amount from? or can you get a interest free credit card?

No matter what though the money needs to stay in the scheme to protect your kids home and you must remove his name from it so the full deposit is in your name.

I'd also say to him that as he wants this deposit amount and he knows the kids may become homeless because it, then the kids can come live with him.

Yes it's not what you want but I'm sure he'll run a mile at the suggestion and maybe start being a little bit more reasonable so it doesn't come to that.

Try Shelter. They're pretty good at tenancy issues.

It's listed under both of our names, it will get returned to the landlord I think and then he is due to give it back
No, that's not how it works. It will have been registered under one name, usually the person who makes the bank transfer. Their email address will be registered.

When claiming it back, that person goes on line and make the request, or it can be actioned by the landlord. When they agree, it will be released to whom made the payment.

The deposit should really gave been returned and you should have been asked for a new deposit.

It sounds like he isn't owed anything back from the deposit.

I'd tell him and the landlord no. You paid the deposit (LL doesn't need to know about who transferred what where to get to that) and you paid his mum back from what I can gather. None of that deposit is his or his mum's. He can take you to court for it if he really wants.