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Getting my deposit back...

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Comments

  • CommitedToChange
    CommitedToChange Posts: 1,325 Forumite
    jenberry wrote: »
    To be honest, I doubt he'd be taking me to court for £1,500. With regards to the noise, there was no way I would have known any of that before moving in. The viewing was on an evening and the landlord assured me it was always that quiet. I shouldn't have taken him at his word, my fault.

    I would take you to court for £1500 if you left early - I'm not sure why you think he wouldn't, it's only £70 in small claims.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    First Anniversary Name Dropper First Post
    jenberry wrote: »
    Thank you. I don't believe so, as the annex is considered part of the larger house, so my council tax is not separate, and is included in the rent.
    Then you're very probably a lodger, not a tenant, since you live in the same property as your landlord.

    Check whether they're separate or the same property: https://www.gov.uk/council-tax-bands
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    AdrianC wrote: »
    Then you're very probably a lodger, not a tenant, since you live in the same property as your landlord.

    Check whether they're separate or the same property: https://www.gov.uk/council-tax-bands
    It really isn't as simple as looking at the council tax!
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    G_M wrote: »
    It really isn't as simple as looking at the council tax!
    I agree, though it does help if it was the other way and the OP did have a separate council tax valuation
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    First Anniversary Name Dropper First Post
    G_M wrote: »
    It really isn't as simple as looking at the council tax!
    No, it isn't - which is why I said "very probably", rather than simply stating it.

    If you're arguing over whether the landlord is resident or not, whether you're talking about one property or two is a rather important detail...
  • jenberry
    jenberry Posts: 107 Forumite
    Hello,
    I have just checked the contract and it is entitled 'Lodger Agreement', so I am a lodger and not a tenant. Does this change anything?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    First Anniversary Name Dropper First Post
    It means the landlord does not have to put your deposit into one of the protections schemes.
  • Slithery
    Slithery Posts: 6,046 Forumite
    First Anniversary Name Dropper First Post Photogenic
    jenberry wrote: »
    Hello,
    I have just checked the contract and it is entitled 'Lodger Agreement', so I am a lodger and not a tenant. Does this change anything?
    It could say that you're the new Queen on it, that doesn't make it so.

    Your status as either a lodger or a tenant depends on the circumstances, not on what it says on the agreement. If you want a better idea then take a look at the Shelter Tenancy Checker...
    http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    edited 15 December 2017 at 8:35PM
    jenberry wrote: »
    Hello,
    I have just checked the contract and it is entitled 'Lodger Agreement', so I am a lodger and not a tenant. Does this change anything?
    No.

    Whether you are an 'Excluded Occcupier' (ie a lodger excluded from Housing Act protection) rather than a tenant is a matter of law.

    What it says on your contract does not define your status. The law does. The contract could say you are a Martian, but that would not make you non-human.
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