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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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I hope you can help My ex wife and i seperated a couple of

Resolved Question:

I hope you can help?
My ex wife and i seperated a couple of years ago, so i help her find a place to live.
I paid the Deposit and 4 months rent up front. we then got divorced with no aggreements written for this. I've found out that the landlord has now stopped using a third party to collect rent and is going alone.
But the deposit is in my name and the tenants agreement is in my ex's who gets the deposit?
Submitted: 6 years ago.
Category: UK Property Law
Expert:  Thomas replied 6 years ago.

Hi,

 

Is your wife actually leaving the property so that the deposit can be returned?


Does your wife dispute the return of the deposit monies to you?

 

Tom

Customer: replied 6 years ago.

My Ex is still living at the house. It's just the owner is going to self manage his house.

 

The Ex is in dispute even to the piont that she has lied to the management company that it was her monies and not mine and she only got me to pay as she was unavailble to pay.

Even when i've told the management company that the tenants agreement and monies were paid on the same day, as i was with her.

My word against her's!!!

I'm more than happy to leave this monies in limbow so no one gets it but who has the bigger chance of getting this monies? Me as the deposit is receipted in my name or her as she signed the tenants agreement?

 

Ian

Expert:  Thomas replied 6 years ago.

Hi Ian,

 

Thanks for your reply.

 

Did your wife pay the deposit monies to the agent after you had transferred in to her account?


Tom

Customer: replied 6 years ago.

No Tom.

 

I paid cash to the agent, this is why my name is XXXXX XXXXX receipts. she needs my permission to get the deposit as i need hers to get it as well, according to the information the agent has given me.

But as i told the agent that the monies was paid in good faith, to help her at that time now she has moved on and all i want is my monies back that i paid (cash) and for here to pay the owner out of her own monies and not mine

Expert:  Thomas replied 6 years ago.

Right.

 

Until the time comes to deal with the return of the deposit I would write to the agent/landlord (whoever is responsible at the time) requesting that he undertakes not to release the deposit in any circumstances without first inviting both you and your (ex)wife to mediate at his offices. Re-iterate that it was you that transferred the money and not your ex-wife.

 

In the intervening period you should focus on appealing to your wife's sense of fairness about the return and hopefully she will see that it is reasonable for it to be returned to you.

 

Although it is pretty unclear. I do not think that the agent could release the money to your wife without your consent but I am unconvinced he would need your wife's consent to release it to you unless there were significant deductions proposed.

 

In the event that the money is released to your wife and there was a genuine expectation (that you could prove) that this and the 4 months rent was a loan and not a gift then you could sue her to recover the monies, you could do this yourself via www.moneyclaim.gov.uk though I would urge you to attempt to avoid this by settling amicable as far as is possible with your wife to avoid the stress and time it will take

 

If you wife was occupying under an assured shorthold tenancy agreement the the deposit should have been lodged with a tenancy deposit scheme by the agent. If it has not been then you and your wife could sue for the return of the deposit and a fine payable by landlord to you of three times the deposit amount together with the return of the whole deposit.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 


Tom

 

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