Home and Housing
Ex will not return joint tenancy deposit: who helps?
Summary
If an ex will not return your share of a joint tenancy deposit, who helps depends on whether the money is still with the landlord or scheme, or already paid out to one tenant. Use the deposit protection scheme and landlord first for scheme money, then Citizens Advice if the fight is now between co-tenants. Advisers will not split personal relationship assets for you.
Key information
- Joint tenants are usually jointly liable to the landlord. The scheme protects against the landlord, not against your ex.
- Check which scheme holds the deposit and who is named as lead tenant.
- If the landlord still holds deductions disputes, use the scheme’s free adjudication path.
- If the landlord refunded the full deposit to your ex, the remaining dispute is often a money claim between you two, not a new scheme case.
- Citizens Advice: Advisers explain tenancy deposits and help you frame letters to the landlord, scheme, or ex. They will not recover money from your ex as your collector, or decide a personal debt split as a court.
- the deposit scheme: They can adjudicate landlord deductions if the deposit is still protected and you raise a dispute in time. They will not force your ex to hand over their bank transfer after a full refund left the scheme, or mediate your breakup.
- Deposit scheme (TDS, DPS, MyDeposits): Protect deposit; adjudicate landlord disputes. They will not: Will not police ex repayments after payout. Reach: Scheme named on your certificate.
- Landlord / agent: Release or explain the refund. They will not: Not your co-tenant mediator. Reach: Address on the AST.
- Citizens Advice: Explain deposit and claim options. They will not: Will not chase your ex. Reach: Getting your deposit back.
- Small claims: Judgment path between co-tenants. They will not: Not free representation. Reach: Court service guidance.
- We were both named. They kept the whole refund. That is often a civil money dispute between tenants once the landlord has paid out. Get advice on evidence of your share.
- Scotland or other nations? Deposit rules differ. Use the local Citizens Advice page for your nation.
Practical guidance
- Find the scheme certificate and lead tenant details.
- Ask the landlord or agent in writing where the refund went and how much.
- Open a scheme dispute if deductions or release are still live.
- If the cash already went to your ex, write a repayment request with dates and amounts, then ask Citizens Advice about a small claim.
- Ask the Shaman.
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This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.