[Help] End of Tenancy Advice please?

[Knightsworld]

Hi All,

I'll try and keep this as short as possible.

Had a joint tenancy agreement with my (now ex) wife.

Requested the deposit back. Was told that it was to be held to act as a deposit for my ex's deposit on the same property.

I verbally agreed to this, stating that I want my half of the deposit back (regardless of whether any money will be held back for any damages etc)

Led to believe that she will be moving out soon.

As i have had nothing in writing from the letting agents (i have emailed them 3 times), what are my chances of getting my half of the deposit back?
Are the letting agents allowed to keep my deposit even though the original contract has expired? I would have thought that the deposit should have been returned and my ex started a new tenancy agreement?

Any advice would be greatly received.

Cheers.

 

[Westdene Seagull]

If you were both named on the old agreement then they have to hand back the deposit ( minus charges ). Then your ex would get her half to use as she she's fit and you likewise. It should have been placed in a secured deposit scheme. Tell the agents they have five days to pay up or you will make a complaint to the scheme.

 

[Knightsworld]

If you were both named on the old agreement then they have to hand back the deposit ( minus charges ). Then your ex would get her half to use as she she's fit and you likewise. It should have been placed in a secured deposit scheme. Tell the agents they have five days to pay up or you will make a complaint to the scheme.

Appreciate the reply.

Yes, the deposit is being held in a secure deposit scheme.

 

[PILTDOWN MAN]

The deposit by law is held by a deposit holding company who would have issued a contract. If you’re named , which you would have been on the original leasehold then you are entitled to half less any agreed repairs etc

 

[Gazwag]

If you were both named on the old agreement then they have to hand back the deposit ( minus charges ). Then your ex would get her half to use as she she's fit and you likewise. It should have been placed in a secured deposit scheme. Tell the agents they have five days to pay up or you will make a complaint to the scheme.

I'm not sure her looks count for anything

 

[Wrong-Direction]

People in offices not doing their jobs properly shock horror .

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[Westdene Seagull]

People in offices not doing their jobs properly shock horror .

Sent from my SM-A310F using Tapatalk

You really have a problem with office jobs don't you ? I've seen some pretty shoddy jobs done by plumbers by the way.

 

[Wrong-Direction]

I think many people are amazed when they have to ring/deal with an office based company and everything runs smoothly.

You really have a problem with office jobs don't you ? I've seen some pretty shoddy jobs done by plumbers by the way.

Sent from my SM-A310F using Tapatalk

 

[Giraffe]

Assuming the tenancy was definitely in joint names and therefore the deposit was in joint names you are definitely entitled to half the deposit back. If any of this was just in her name though you don't have a leg to stand on.

Also did she pay the deposit originally or did you both pay, or separately half each?

 

[Paul Reids Sock]

Has the tenancy now rolled over in to a new term such as month to month?

I would look at the contract and see what the notice period is. Your ex may have not bothered getting a new tenancy at the end of the joint one because it was a ball ache and/or would have cost her all the fees for a new one to be set up (obviously this is none of your concern) If this is the case I would give the estate agent the minimum required notice that you wish the tenancy to end. Do that in writing. I would also inform the deposit scheme of the situation so that they are aware to not just release the deposit to one bank account.

Also, has the divorce gone through? If so, how was this money accounted for? If not and you are going through the finances, then make sure that it is accounted for and she gives you the cash if she wishes to remain there.

I would make sure that you are off any tenancy though as I am pretty sure you will both be liable for the damages/unpaid rent should any arise

 

[Knightsworld]

Assuming the tenancy was definitely in joint names and therefore the deposit was in joint names you are definitely entitled to half the deposit back. If any of this was just in her name though you don't have a leg to stand on.

Also did she pay the deposit originally or did you both pay, or separately half each?

Was in both our names.

Deposit was paid from a joint account.

 

[PILTDOWN MAN]

Assuming the tenancy was definitely in joint names and therefore the deposit was in joint names you are definitely entitled to half the deposit back. If any of this was just in her name though you don't have a leg to stand on.

Also did she pay the deposit originally or did you both pay, or separately half each?

I may be wrong but I believe that short hold tenancy agreements require any one over 18 to be named

 

[Knightsworld]

Has the tenancy now rolled over in to a new term such as month to month? I have absolutely no idea, but from what I have heard, as long as the rent is being paid on time they are happy to keep her living there.

I would look at the contract and see what the notice period is. The joint contract ended on 8th December 2017, she has been there ever since. I gave the agents at least one months written notice that we would not be renewing any contract jointly. I actually moved out in March 2017 and kept paying the rent until the contract expired.

Your ex may have not bothered getting a new tenancy at the end of the joint one because it was a ball ache and/or would have cost her all the fees for a new one to be set up (obviously this is none of your concern) If this is the case I would give the estate agent the minimum required notice that you wish the tenancy to end. Do that in writing. I would also inform the deposit scheme of the situation so that they are aware to not just release the deposit to one bank account.

Also, has the divorce gone through? If so, how was this money accounted for? If not and you are going through the finances, then make sure that it is accounted for and she gives you the cash if she wishes to remain there. - No divorce as of yet.

I would make sure that you are off any tenancy though as I am pretty sure you will both be liable for the damages/unpaid rent should any arise - See above

Answers within your post.

 

[Giraffe]

I may be wrong but I believe that short hold tenancy agreements require any one over 18 to be named

Indeed, assuming the agent knows what they are doing.

 

[Rubbish]

I think many people are amazed when they have to ring/deal with an office based company and everything runs smoothly.

Rubbish