How to get my bond back?

[gazzawazza]

My daughter moved into a flat with her then fiance in February of this year. As they didn't have enough money, I stood as guarantor and paid £375 for the bond.
Less than a month later he decided he didn't want to be with her anymore, and my daughter, not wanting to be in a flat on her own returned home to live with us.
I thought that once the initial six months lease was up I would be able to get the bond back. I tried in August, and the estate agent (bondholder) told me that nothing can be done, ie. we can't get our money back until the tenancy is ended.
We're now stuck trying to get this money back from this person who is showing absolutely no sign of ever paying us back.
Any ideas or advice as to how I can recover this money?

[bednobs]

has she been paying the rent up untill now? Did someone else move in?
If they signed a six month tenancy, they (ie you as guarantor) are responsible for the unpaid rent n that six months or until they find someone else to move in. The landlord can keep the deposit to defray expenses he or she has had

[buildersmate]

I think there are more fundamentals than that.
Was the tenancy in joint names? - if so, what happened when your daughter moved out? Presumably there was still joint liability to pay so both parties continued to fund the cost of an empty house? After 5 months, surely someone wrote to the landlord confirming the tenancy would end?
In all of this, any 'loss' of expected income will result in your Bond being used in the first instance to make-up the shortfall.

[gazzawazza]

No, sorry, I should have said that he stayed on in the flat and is still there. The agents are saying that until he or they terminate the tenancy there's no way I can get my money back.

[gazzawazza]

The tenancy was in both names. When she moved out I knew that there was still five months left to run so there didn't seem to be any point in telling the agents.

[Sandy-Wroe]

Tell the estate agent you'll take him to the small claims court. That might do the trick.

[bednobs]

that makes it a lot clearer. The agency are absolutely right, they need the "bond" or the landlord does in case anything needs to be done after the ex bf moves out (ie cleaning, or if he does a moonlight flit) The only way to get your money back is to get the oyfriend to give you the bond money, so that the bond then becomes his. By the way, dont assume you are NOT a guarantor anmore - you probably are and if he defaults you wil still be liable. Just because your daughter has moved out doesn't mean anything

[buildersmate]

Absolutely agree, Bednobs. If your daughter and fiance parted on anything less than superb terms, your chance of getting this Bond back is absolutely zilch. All this chap has to do is eventually leave the flat less than spotless or owing a bit of rent and the Bond will be the thing the Agent calls upon to make up the shortfall. That's why its called a Bond - you took the risk.
Then you are going to have the hassle of claiming the money back off the partner.
However what I don't understand is why you didn't stop the 6 months tenancy after 6 months. Did your daughter write to the Agent one month beforehand saying she was withdrawing from it? Then the partner would have had to renew in his name only. Then you'd have got your Bond back (or what's left of it).
It sounds the partner has just rolled the tenancy on month per month - which means your daughter is STILL financial liable for half of any default costs - as well as you who might lose your Bond.