Withholding deposit

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    Withholding deposit

    My nephew has moved out of his rented flat, the landlady has been great throughtout his tenancy, she checked the flat when he left and has no problems returning his deposit, his ex girlfriend has now contacted the letting agent saying she wants half the deposit, they split up several years ago, my brother loaned my nephew the money for the deposit, his ex girlfriend never paid any of the deposit.
    I think but I'm not 100% sure that the original tenancy agreement had only my nephews name on it, when his ex moved in he had her name added.
    Can the LA withhold 50% of the deposit to give to the ex girlfriend?

    Mr/MrsLandlord

    #2
    Presumably your nephew is registered as the tenant with whichever company has the deposit. let the landlady release it to him only, he would have been the lead tenant in any case. Then let them fight it out for themselves. Although he should simply return it to your brother.

    Can the LA withhold 50% of the deposit to give to the ex girlfriend?
    Not in my opinion.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      If they are both named on the lease and both named on the protection certificate, either tenant can I think request for the money to be paid to them individually. The agent / DPS won't after all know about (or want to be involved in) the private financial arrangements between tenants. All they will know is that they have been jointly and severally liable during the tenancy.
      IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

      Comment


        #4
        Thanks guys, I didn't explain myself properly (again)! Returning the money to my brother is not the problem, the problem is my nephews ex girlfriend wanting half of the deposit. My brother is going ballistic because the reason my nephew and his ex split was because she started dabbling in drugs and didn't pay towards the deposit, my brother really dislikes her and wants his money back, which he will get from his son.
        I will contact him and tell my nephew to contact the LA to find out where the deposit is, the biggest problem is the landlady is a really nice person and my nephew doesn't want to do anything to cause her upset.

        Thanks again

        Mr/MrsLandlord

        Comment


          #5
          Just an update, it appears that my nephews ex girlfriend was 'trying it on' according to the LA, the full deposit has been returned to my nephew.

          Thanks again for the advice

          Mr/MrsLandlord

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