Lease agreements & bitter ex girlfriends

[bantingm]

Anyone help!?!?

I have a real problem on my hands, my current boyfriend was living with another girl, who he rented a flat with, and she paid all the deposit when they signed the lease agreement as his previous deposit from his old flat hadn't cleared into his account yet. After a few months the relationship came to an end, and she didn't take it well when I moved in a few months later. We tried to get her removed from the lease but the land lady said it was easier to wait until the lease was up (In august) and re sign then, we agreed so the land lady changed the locks and my boyfriend gave the ex a cheque for half the deposit amount. Expecting her to ask for the other half when we re-signed the lease and the deposit was released
It came to the end of the lease a few months ago and we wanted to resign, so the land lady said it would be easier to let the lease roll over and didn't want to complicate things by releasing the deposit. We didn't hear from the ex again, so decided to keep quiet hoping she mad moved on and wasn't worried about her half of the deposit. however today we received a call from the land lady saying the ex had taken her to court and the ex had been awarded the deposit in full, the land lady has told us we have to come up with the deposit otherwise we will get evicted (which is fair enough). However, we can prove we gave half the deposit to the ex by emails between my boyfriend and the ex's mum, agreeing the amount to be paid. Equally, we can prove she cashed the cheque. How come we were not told they were going to court? We are now left out of pocket, and the ex is half the deposit better off. Anyone know who is in the wrong?! And what can my boyfriend and I do now! Half that money was ours, and she's just been given it! All she had to do was ask us for the rest of the money and she would have been given it.

[alan30]

How much money are you talking about? If it is a small amount you are probably best to forget it and the stress involved in getting it back. If you feel it is an amount worth pursuing then I think the issue is between your boyfrien and the ex.

Surprised the landlady didn't tell you what was going on though although technically it sounds as though the issue was between her and the ex?. I assume that you have checked that the court case took place and the landlady paid the ex?

If you can prove that you paid half the deposit back then that is a matter between you and the ex and you should approach the ex with the details and ask her to repay you. If, after giving her a reasonable chance to pay, she doesn't then go through small claims court. You have to decide whether the hassle and stress is worth it if she contests it.

[spudqueen]

Look at this from the ex's point of view. She pays all the deposit, then moves out, the amount that she paid is not returned to her by either her ex-boyfriend or the landlady. Then someone else (you) moves into the flat on which she still has not had her deposit returned. I'm surprised she was as patient as she was! And if as you say, 'all she had to do was ask' then why don't you ask her for the half of the deposit she has already been paid?

[bantingm]

Luckily, no money was released, and a investigation is being made. the most she will get is half! thanks alan30 for your helpful response.

no sleep lost!!!

x