Breaking up and deposit money for the house

OP

Sorry, I didn't know where I could post this.

Well basically she paid the deposit, and because I was living with her I transfered her half of the money so both of us could contribute to it together.
The money is with the landlord, as she had to pay it to him. But I transfered her the money to contribute equaly whilist I was living with her and since now I dont live with her anymore, I feel like she should return that to me, am I right to think that?

Reply 3

Original post by Lunni

Sorry, I didn't know where I could post this.

Well basically she paid the deposit, and because I was living with her I transfered her half of the money so both of us could contribute to it together.
The money is with the landlord, as she had to pay it to him. But I transfered her the money to contribute equaly whilist I was living with her and since now I dont live with her anymore, I feel like she should return that to me, am I right to think that?

Frankly; you're a fool for doing so. The deposit will be registered with a protection scheme and only she can reclaim it.

You can ask her for your half back but I think the chances of getting it back before she's even had her deposit back are slim to none.

Reply 4

Virgili

2

Fool or not she's a nasty thief. It never ceases to amaze me how a man with basic decency, to place trust in his spouse, is a fool, while a woman who would break such agreement and rob him blind is clearly 'clever'.

Reply 5

OP

I see. I thought that because I wasn't directly involved with any formalities concerning the house (contract/bills/rent/deposit) she should give it back to me, like I don't feel as if she has the right to say yes/no when I was never involved in the contract.

Reply 6

Original post by Virgili

Fool or not she's a nasty thief. It never ceases to amaze me how a man with basic decency, to place trust in his spouse, is a fool, while a woman who would break such agreement and rob him blind is clearly 'clever'.

What makes her a thief? He contributed towards the deposit... she does not get the deposit back until the end of the tenancy..

Seems entirely reasonable to refuse to pay him back until the deposit is returned to her first.

Reply 7

OP

I agree, with you. I feel as if morally she should give me that money, but legally? Is she allowed to keep my money considering that I was never legally involved in the house?

Original post by Virgili

Fool or not she's a nasty thief. It never ceases to amaze me how a man with basic decency, to place trust in his spouse, is a fool, while a woman who would break such agreement and rob him blind is clearly 'clever'.

Reply 8

Original post by Lunni

I see. I thought that because I wasn't directly involved with any formalities concerning the house (contract/bills/rent/deposit) she should give it back to me, like I don't feel as if she has the right to say yes/no when I was never involved in the contract.

The assumption would be that your loan to her was to cover part of the deposit and so she could reasonably spend that money knowing she would repay you from the deposit funds.

Reply 9

Ribbits

15

She will only get the deposit back when she leaves that place.
So I think it's fairly logical for her to say she will only give you your half back when she leaves - even if she had paid the original deposit herself upfront and then you only gave her your half later. Maybe she doesn't have it right now? Or maybe she does, but it's still reasonable to give it back to you from the actual deposit money if she wants I guess. *shrugs*

You're asking her for money that is currently in the landlord's posession.

Reply 10

OP

My contribution towards the deposit was pureley out of respect to her. I was not obligated to do it because I was not on the contract she was actually illegaly sub-leasing the room to me as she did not get the permision from landlrod to do so, yet she decided to carry on with it.

Original post by Reue

The assumption would be that your loan to her was to cover part of the deposit and so she could reasonably spend that money knowing she would repay you from the deposit funds.

But since she was "sub-leasing it" illegaly, surley after moving out and not paying the rent anymore she should send that money back to me since I got nothing to do with this house.

Reply 11

Original post by Lunni

My contribution towards the deposit was pureley out of respect to her. I was not obligated to do it because I was not on the contract she was actually illegaly sub-leasing the room to me as she did not get the permision from landlrod to do so, yet she decided to carry on with it.

No such thing as illegally subleasing (except in social housing). It, if anything, would be a civil case.

Original post by Lunni

But since she was "sub-leasing it" illegaly, surley after moving out and not paying the rent anymore she should send that money back to me since I got nothing to do with this house.

Do you have anything in writing? What was the agreement for return of your deposit should you cease being a lodger?

(edited 8 years ago)

Reply 12

Original post by Ribbits

You're asking her for money that is currently in the landlord's posession.

A minor point, but the money is not in the landlord's posession.. nor will have ever been. It must be registered and stored with a deposit protection scheme.

Reply 13

Rakas21

21

Original post by Lunni

Hey guys, so I have recently broken down with my girlfriend, we used to live together for 6 months. I was never on contract, I was just sharing a room with her, she is still on the contract. I asked her to give me back the money I have contributed to the deposit, which I really need now. She said that she won’t give it to me till her contract ends which is in September and to stop bothering her as it's not her problem
I’m confused as to what to do now and whether she is right to say something like this?Thank you.

Legally speaking you handed over money without signing a legal contract (either a stipulation that this was akin to a loan between yourselves or a joint tenancy agreement) so you don't really have a leg to stand on anymore than you would if you lent your friend £20.

Be glad she's agreed to pay you it in September and until then perhaps try convince her of your need for it.

Reply 14

Zarek

21

She gave you a roof over your head and access to her body. There's no way for her to get the money before she leaves. The bitterness of breakup is unlikely to leave her feeling charitable. You have no legal rights. Face up to reality and hope you might see some money later, although that must be highly questionable also.

Reply 15

username749877

3

Legally speaking in Scotland you would be likely to be able to recover the money under the law of unjustified enrichment, I'm not sure of the position in England. But, it seems to be a moot point; I get annoyed when people in an argument or disagreement say: "well the law says this", unless you involve the courts it's a private matter and the legal position is completely irrelevant.

In this position it seems fair that you aren't returned the money until the lease is up. Is the other person meant to give you your share of the deposit from their own money? Because the deposit scheme won't give it back. Just because what you both agreed to wasn't strictly legal or by-the-book doesn't make it fair to live with someone, pay half the deposit, then act as if what would have been a legal agreement, enforceable by the courts if it was all above board; no-longer matters because you fell out.

(edited 8 years ago)

Reply 16