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Tenants Deposit Scheme.. Living with landlady?

I have a friend, (yes I really do) who has moved out of a room he rented from a landlady... there is now an issue with the deposit, and his tenancy started after April 07 this year, ... but did his live in landlady have to protect his deposit in the TDS?

Thanks in advance

Comments

  • Was he a lodger or a tenant - what sort of contract did he sign?
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Was he a lodger or a tenant - what sort of contract did he sign?

    If the guy shared living quarters i.e. a kitchen or bathroom with the landlady then he was a lodger. If you live in the same building as the landlady or her family then you will still legally be considered a lodger.

    Lodger's have different rights to tenants and so their deposits don't have to be protected.

    The best thing for the OP friend to do is send a letter (hand deliver it with a witness present to see that it's gone through the letter box and put hand delivered on the envelope) asking for the deposit to be returned in 7 days otherwise further action will be taken including court action.

    After the 7 days send her a "Letter Before Action" threatening court action if the deposit isn't returned within 14 days. The letter must have the title on it "Letter Before Action" and include a statement at the end that makes it clear that landlady will be liable for court costs and interest if the case goes to court.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • Yes i know the difference between a tenant and a lodger - i was trying to get OP to clarify status because, as you rightly state, they are two different scenarios.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    Deposits only need to be protected where they are taken as part of an Assured Shorthold Tenancy Agreement.

    If the tenancy involves a live-in landlady, it is by definition not an Assured Shorthold Tenancy and so the deposit does not need to be protected.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
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