General (main property discussion here) - Tenant Divorced & Seperated

Hi,

We had a tenant who told us his wife and children would be joining him later.

His wife arrived from abroad with their kids. After a few months they got a divorce and seperated. He was given a restraining order and was ordered to leave the property by the police and the court.

She has not signed a new agreement but is recieving rent paid directly to us via Housing Benefit.

Now he is asking for his Deposit and Rent Advance to be returned to him.

His wife was told by her solicitor that he was not entitled to have these monies returned. He also confrimed himself once that his solicitor had said the same thing too.

He has said he will be taking us to the small claims court to recover the money.

Any views on this situation ?

Thanks in advance.

Hi, You might want try " www.landlordlaw.co.uk " ( I think that is correct) They have a website.They may be able to help as this sounds as if it is quite a specialised problem. Good luck.

was his wife named on the agreement.and did she sign the agreement.

Hi guys,

Thanks for taking the tinme to reply.

She is not on the original agreement but was on the Tenancy Application that he signed when applying for the tenancy.

She has not signed the new agreement as ytet as a rent increase is being assessed by Housing Benefit.

We are not concerned about going to court or paying back the money.

The ultimate concern is that there will be a tenant in the property without any security against them - Security Deposit. Not too concerened about the month in advance as the cheque come straight from the Housing Benefit.

What do you think David ?

Hi. if she was not named on the agreement and she did not sign the agreement she has no right to the property.only the named tenant has. BUT and it is a big BUT. if you have been taking rent from her the courts would view that you have made a agreement with her by taking rent from her.so in that case you would still be able to keep the months rent and bond , the partner should ask for his bond back from his ex wife. that is if she is his ex wife of course, he may have to still support her and the children , and he may just be trying a fast one.i would get a agreement made up asap with this lady named on and signed,that is if you are happy to keep her on. and again stating the bond paid and rent to be paid. do not be bulleid into returning the bond to this chap. you have not had the property returned to you yet in good order.