Returning deposit in the event of break-up...

[Johnsonwhufc]

When me and my now ex-missus moved into our house I paid all the upfront deposits and paid all of the rent to the letting agent.

They know this as it was discussed at the time - she had no money and a shocking credit rating - but they insisted the contract was in both names.

We have since split up and I have dealt with all of the moving out arrangements with the letting agents and was under the understanding (from talking to the lettings manager) that once I had agreed to the fees etc and sorted the property out for them I would get the deposit back.

Now, when it comes to the cheque being posted they are saying that they will only give me half as half has to go to my ex.

Can they do this? I appreciate that them knowing that I paid for everything is probably irrelevant but they never needed joint approval to deduct their fees for cleaning/damages etc so why are they insisting on it to return the money to its source.

I don't know where the ex is, nor do I have the inclination to trace her, so they are saying that they will withold the money until....well until she claims it I suppose.

I find this less ethical than it being returned to me, as I know she won't chase it - as she doesn't believe she is due anything as I paid it all.

Do I have any options or is this a legal stipulation that cannot be broken?

[Planner]

You would have to resort to the usual letter before action and then county court claim for the unforth coming half should they be unreasonable.

[Esio Trot]

If the contract was joint and several, then they would chase either or both of you if there were arrears or damages.

In the same way, either or both of you can receive the deposit. A good agreement will state how the deposit is repaid and to whom. Often an agreement will say that in a joint contract payment to one party will be deemed to fulfill their obligations to all.

Write and complain.