What are my deposit rights after breakup?

[Cosmoslove]

Hello,
I recently split with my partner and left my rental property, finding a new rental property by myself. The tenancy on the property that we were in together is now up and he will be moving out.
When we moved into the property, I sent him my fair half of the deposit (it was pretty hefty, and I had sold my car to do this).
He then paid the deposit from his account.
Now that the tenancy (that we are both on) is coming to an end, what right do I have getting my fair share of the deposit back?
Can the letting agency split the deposit between the two tenants, or will it go back to him?
I would just leave it and accept my losses but it was a large sum of money and I don’t think it’s fair that he gets it all when we equally split it.
just want some advice!
thanks

The deposit will go bank to the account that paid it. You will need to take to your ex about getting your portion

You should have received deposit certificate which will show you whose names deposit is held in. It should be paid to those on the cert (not necessarily to whoever paid it to landlord)

Can you not change where it goes? As an official joint tenant, surely I’m legally entitled to 50% of that deposit, whether the other tenant agrees or not?

If you're both named on the tenancy, you should both be named with the deposit scheme you're held in. You should be able to log into that scheme and split the return of the deposit between you equally.

You can search all the schemes to see which one you're in and then set up an account to administer the deposit return.

Not true, as it would've gone into the deposit scheme via the landlord / agent. It gets paid out directly to the tenant(s).

I would try to pre-empt the possibility of your ex trying to keep the deposit. Are both your names on the tenancy?

Reach out the estate agent (pref by email so that you have a record of the exchange in writing) and explain the situation. You paid half of the deposit into your ex’s account before he paid it on behalf of you both - offer to show evidence of this by form of your bank statement. Explain that you are concerned that your ex might not play fairly and give you your 50% back. Ask if in the circumstances of a break-up, can they give you each your half of the deposit back individually? Even if the answer is no, they have to pay it back to the account it came from ……….. you can use the emails as additional evidence should you need to take legal action to get back what is owed to you.

Also email your ex politely stating that since you paid half of the deposit into his account (quote the date) that you will be asking for the agent to put half of it back directly into your account. Whatever his response - you will have it in writing.

And I hope your ex just plays fair 🤞🏼

I am on the tenancy as a joint tenant and the deposit was paid in both our names, so legally it is also my deposit, I’m just concerned that it will be paid back to him only. Surely you can change the account that the deposit is returned to?

I’m not sure what the deposit company is, I’m going to find more information from the letting agency today. It’s a fair amount of money, I just want my even share.

It's not the agent who controls the return. And you can search each deposit scheme online with the details of the tenancy to find the one it's in.

All the agent will do is trigger the return, it's the details held by the deposit scheme which determines where that money goes.

How do I find out that information?

Was it in your name?

They cannot give it to someone not named

edit - I am no expert, and it may be my statement above is incorrect, so dont listen to me. This is how i would expect it to be, like when you get a refund from a shop.

I would phone the estate agent this morning and find out which deposit scheme company they use. Then call the deposit scheme company to find out how they return their deposits. If they say that they simply return it to the account from which it was paid, you need to request if it can be split and returned 50% to each tenant due to a relationship breakdown and your fear that your ex will not give you your half. And follow this up in an email to them so that you have evidence in writing.

Turn it around
"I paid for the deposit in full for our flat. we have now split and s/he wants half the deposit. How is this fair?"

Are the funds actually with the deposit scheme? I register all deposits with the scheme, but keep the actual deposit in a separate bank account, so that when situations like this happen (and they have happened!) I can split the deposit return between the 2 parties. They just contact me as the landlord and I arrange this.

You can do this online once you have the details (either from the agent or by searching yourself). As long as you're on the tenancy, you'll be named on the deposit. So you can create an online account to do it.

The deposit is usually returned to the lead tenant not to different accounts.

Do you think ex won't give you your half? If unlikely to do that then he is unlikely to agree to tell the agent to give you half.

You would have the right to pursue him (the ex) through the small claims court for your share of the deposit though.

Yes I’m on the tenancy and the deposit was paid in both our names (from his account).
Ive legally always paid my half of everything and im on the tenancy so also legally liable for everything. My query is that the money came out of his account (I sent it to him). I have proof of all of this, just need to know how it might be returned

I dont think anyone here can tell you - You'll need to speak to them

I understand that but I did pay my share for everything, including the deposit.

In my experience of renting the deposit was always paid back to whoever signed the tenancy as the lead tenant. If he won't give you half I expect you'd have to use the small claims court.

I have literally just been through this process with the DPS. You can choose if it goes to one or both and in what shares (with them, anyway).

Am I able to choose that it be split or does he (as the lead tenant) have to decide that it is split? He hasn’t been the easiest of people and I feel pretty strongly that he will try to take the whole deposit for himself.
I’ve spoken to my letting agency this morning but they aren’t very helpful.

Only the deposit scheme company you are dealing with will be able to answer this I’m afraid.