Deposit refund entitlement

[Sweetater]

My son and his girlfriend were privately renting. The relationship ended, before the contract was up. It was agreed between himself, the girlfriend and the landlord, that he could do this. He offered to pay his portion of the rent, until the contract expired. The girlfriend did not want this, as a new boyfriend moved in. Now the contract is over, my son requested his half of the deposit initially made, back, of which he paid half. The girlfriend is refusing to give him this, on the advice of the landlord. Is this legal?

[buildersmate]

These Short Term Tenancy Agreements usually make the renters jointly and severally liable for paying the sums for the minimum contract period. It means that if one renter defaults the others have the onus of finding a way of making up the whole amount, either by bringing in someone new or making up the difference.
Although your son was in a relationship with the other party, if the contract was set up in this way it doesn;t change anything.
Strictly he was liable to pay the rent, yet he came to an arrangement with his former girlfriend. Unfortunately he didn't think about the deposit. Another way to think about this is that his girlfriend 'let him off' the remaining rent due apart from the number of weeks covered by the deposit (often 6). Not much he can do unless what was agreed as he left was written down, I'm afraid.

[Sweetater]

thank you :)

[HJT40]

Not so Buildersmate.

My ex and I parted company and he kept the house on. I had paid the full deposit and requested it back. He refused to do so and I ended up taking him to the small claims court and winning, plus court costs and interest, which the Judge can do at his own discrestion.

Sweetater, your son is not responsible for any damage done to the house now that he is not there and doesnot have to give up the money he paid. He should get it back and perhaps her new chap could stump up the extra?

The Landlord has nothing to do with it. She would pay him from her money by way of refunding him. They do not need to ask for half back off the landlord.