help lodger deposit..

clairet707

Help..

My landlady (I’m lodging with her and her husband – he is fine!) has started leaving me passive aggressive notes (having a few issues with her in the last few weeks)

I’ve started looking around elsewhere for different accommodation and have possibly found somewhere (viewing next week).

I need to give a months notice but was planning on moving out mid way through (even though will still pay rent!) as she is upsetting me that much

My issue is what can she ‘legally’ hold my deposit (£400) for, I’m sure she will come up with some reason to hold it and want to know in advance what she can and cant do..

I know what can and cant be held for in a AST deposit, didn’t know if a lodger deposit is the same..

Thanks

poppysarah

Passive aggressive notes? Share!

Give notice and make sure you've caused no damage and given her no reason to keep any deposit.
You can always threaten her with small claims court for getting it back.

mlz1413

If husband is ok with you can you talk to him on his own? say that you feel its time you left (or some nice way of saying you want out) but you will need the deposit quite quickly when you go to pay for next lodgings so can you and he check the room is in the same condition and that everything else is ok.

When you get this stage it should be easy to ask if the deposit will be in cash or a cheque and if you can take the day you leave or if they want you to collect next day/week etc.

I know its a stressful time as when I lasted lodged I was buying my own home and was totally upfront with the LL but during the last months before exchange and completion dates where decided she got really stroppy about needing to know when i was going, it was horrible we stopped talking and I felt really uncomfortable.

tbs624

Presumably you have a Lodger Agreement in place?

What does it say, if anything, about your deposit in there?

She can't just make random deductions without your agreement but if you go in with poppysarah's mindset about "threatening" people from the very start then it's likely to make things more difficult. You never know, if the 2 of you haven't been getting on well,, she may so relieved to see you go that she'll not only refund your deposit in full but give you a box of chocs as well;)

As part of your Notice letter (it can be verbal as a Lodger but sometimes it's best to keep a record) just include a line about" can we agree a date on which we can check the room, bills etc together so as to ensure an prompt return of my deposit". Always assume that it will be repaid in full until proved otherwise. As with ASTs, if your LL tries to retain any part of it unfairly you ask for a full explanation in writing, and if you are not happy then you write again asking for the full amount or negotiaiting any deuctions that may be justified, then court as a final resort. Take it a stage at a time, rather than worrying about it too much in advance.

stevetodd

clairet707 wrote: »

Help..

My landlady (I’m lodging with her and her husband – he is fine!) has started leaving me passive aggressive notes (having a few issues with her in the last few weeks)

I’ve started looking around elsewhere for different accommodation and have possibly found somewhere (viewing next week).

I need to give a months notice but was planning on moving out mid way through (even though will still pay rent!) as she is upsetting me that much

My issue is what can she ‘legally’ hold my deposit (£400) for, I’m sure she will come up with some reason to hold it and want to know in advance what she can and cant do..

I know what can and cant be held for in a AST deposit, didn’t know if a lodger deposit is the same..

Thanks

Was there prior agreement concerning the notice period. The housing Act where you would have to give one months notice does not apply to lodgers. Are you just assuming that you have to give one months notice?

clairet707

Thanks all,

it says in my 'terms and conditions' that I got (and signed) when I moved in about a months notice.

Doesnt say anything about deposit though (that I remember - will check when I get home)

tbs - cant see her giving me chocs to be honest, a hand throwing my stuff out the door maybe :rotfl:

poppysarah

tbs624 wrote: »

She can't just make random deductions without your agreement but if you go in with poppysarah's mindset about "threatening" people from the very start then it's likely to make things more difficult.

I meant if she didn't give the money back.

EagerLearner

Hmmm, it depends when you started renting but I believe that as of last April all landlords are supposed to hold deposits with one of the two approved deposit schemes. To protect folk like yourself worrying that the landlady will keep the deposit!
You could always say you have met someone special and moving in with them? That ensures she doesn't feel it's her fault. I personally would mention nothing to the husband about her being the reason... keep it neutral perhaps.

Go in softly softly, give notice as per teh contract, ask when they would like all your stuff out and on what day you can do a 'checkout' with them and if on the day you can finalise the deposit return. Be as helpful and agreeable as possible and hopefully all will go well and you can get away from the place...

m1ntie

"Hmmm, it depends when you started renting but I believe that as of last April all landlords are supposed to hold deposits with one of the two approved deposit schemes"

This does not apply in this case as it is not an AST

clairet707

EagerLearner wrote: »

Hmmm, it depends when you started renting but I believe that as of last April all landlords are supposed to hold deposits with one of the two approved deposit schemes. To protect folk like yourself worrying that the landlady will keep the deposit!
You could always say you have met someone special and moving in with them? That ensures she doesn't feel it's her fault. I personally would mention nothing to the husband about her being the reason... keep it neutral perhaps.

Go in softly softly, give notice as per teh contract, ask when they would like all your stuff out and on what day you can do a 'checkout' with them and if on the day you can finalise the deposit return. Be as helpful and agreeable as possible and hopefully all will go well and you can get away from the place...

Unfortunately Im a lodger not on an AST so that doesnt apply and also Im married and they know that and have met him

Andy_Hamilton

If she does not give you your deposit back without a genuine reason (say you damaged her property etc) then you are entilted to your deposit.
If she does not give you the money you send them a letter saying you will take they to court (loads and loads of advice on here about going to court).
If they still refuse to give your money back you take them to court and they get a county court judgement against themselves.

Don't panic or scream when dealling with them as life is for living and you know life will be better soon.