Joint Tenancy Deposit Return

[BagPussAA]

I had a joint tenancy with my ex boyfriend, the deposit for which I paid on my debit card. The rent always came out of my bank account. 1 month before the end of the tenancy, he left without informing the letting agent, I continued to pay the rent and gave the letting agent my notice to vacate and informed them at this time that he no longer lived at the property. They have now informed me that I am only entitled to half the deposit back as they have to give half of it to him. He is not contactable eitehr by myself or them as I have no address nor contact numbers for him. Surely as I paid the deposit, I should be entitled to the deposit back? Please cna someone let me know where I stand from a legal stand point as this seems unfair as it effectively means that the letting agent will be keeping the deposit.

[tonywiltshire]

You were joint tenants and you probably have an Assured shorthold tenancy your Tenancy agreement should state the circumstances in which the Landlord may keep back the deposit and when it should be payable to the tenant. Your landlord is probably concerned your ex-boyfriend and joint tenant will also demand the refund of the deposit.

[buildersmate]

Yes, I'm pretty sure that will be right in law. You took a joint tenancy so everything was shared. That includes the responsibility for the deposit, it is immaterial whose account provided it.
If the landlord had returned all of it to you, your ex-boyfriend would have a claim on the landlord for half of it.
Any reclaim of it has to be a direct transaction between you and your ex-boyfriend.

[tonywiltshire]

Remember the Agent works for the Landlord, not you. You could offer to give the Agent an Indemnity against a claim by your ex-boyfriend and joint tenant, but the agent may not accept this.
Nice to know outcome Bag P.

[BagPussAA]

Thanks for your answers. I was just hoping that he hadn't screwed me out of that as well but it is a lesson well learned. Don't take out joint tenancys without covering my arse first!

[cathfromsaron]

they are trying to pull a fast one!

make sure you request the money in full by letter (keeping a copy) before complaining to your local council trading standards)!

the deposit should have been held in a scheme, giving you full details, and they will recieve a fine too!

cath x

[themas]

As Cath says, the deposit should have been held in a deposit protection scheme, & you should have had in writing from the agent or landlord details of which scheme. The scheme is responsible for looking into any dispute between you & the landlord about return of the deposit, so contact them.

To me, it seems entirely unreasonable for the landlord to keep half the deposit just because your ex is uncontactable. I cannot see why they should refuse to return it all, especially if you give them an indemnity - but ask the deposit protection scheme. It looks very like a one sided arrangement, as either of you would be fully responsible for the rent payments (i.e. joint & several liability).

[bushbaby_de]

Given that you are jointly and severally liable for the contract, the same should go for the deposit - the landlord returns it in full to you and its not his problem if your ex decides some of it might belong to him.

[Stephya]

I was in the same situation, unfortunately the law states that a joint tenancy also includes the deposit and it is shared equally whichever tenant provided it at the time the tenancy was signed and witnessed. Hope this helps. And for all those whom are daft enough to get into a joint tenancy! Don't do it.