Rental Deposit for Roomshare Being Withheld...

Lips

Hi folks,

My brother recently rented out a room on a month-to-month basis from a woman who herself rents the property (on a Short Assured Tenancy) from a Letting Agent. He paid a month's rental as a deposit, and his rentals were always paid a month in advance.

He has given the woman notice that he intends to leave, but she has said that she will not refund his deposit money until she subsequently gives up her tenancy at some point in the future - apparently because she has spent his deposit and won't have the cash again until her own rental deposit is repaid!

I should add that, for my brother's part, there are no arrears, there have been no breakages, and the room has been returned in exactly the same (if not better...) condition as he got it. This woman's only excuse is 'I don't have the money.'

I know that Lettings Agents are required by law to invest deposit monies, but are 'roomshare' agreements supposed to be goverened by the same laws?

My brother and his 'landlady' have a written contract, drawn up by her, in which she states that deposit will be refunded timeously, so she is breaking her own contract (she admits this). But my question is this : is such a contract worth the paper its written on? I would like my brother to take this matter further, but he's a bit soft and doesn't want to involve the authorities.

Is there any merit in him notifying her letting agency? Would they become involved in any way, or have no interest at all in the matter?

Any thoughts/advice...?

Many thanks,
Lips

theartfullodger

Deposits for "Lodgers" are not covered by the deposit scheme as I understand it.

She has clearly (er.. will be) broken the contract. In his shoes i would carefully document/photograph everything (for the later arguments), write her a polite letter saying he understands she will not be returning the deposit as promised, he is saddened & disappointed, but the deposit is due & the room is 100% perfect. Keep a copy.

Brother leaves property. Returns a day later and advises Mrs Dodgy-crooked-Landlady that would she please give him the deposit or he's off to the Letting agency to let them know she's been subletting. Only problem is - she may have their permission or, they may not want to get invloved.

If she doesn't play ball then I'm sorry but it is small-claims time.
See.
https://www.moneyclaim.gov.uk/csmco2/index.jsp


Cheers!

Lodger

jojo9239

Can I ask how much she owes him? x

princeofpounds

Ok, ignore the tenancy deposit scheme angle (he is a lodger, not a tenant).

Ignore the fact that she rents from an agency in the first place (is irrelevant to his contractual relationship except perhaps as a some leverage if agency wouldn't be happy with subletting).

The written contract is useful. Any written communication including emails is useful for that matter, so make sure he keeps copies of everything.

The basic procedure is this - he has to move out as agreed. He should take evidence of the condition of the room and any other damages she might try to pin on him. This would hopefully be an agreed check-out inventory, but photos are also good, especially if printed out with a date stamp or signed & dated by the landlord.

He should then in writing request deposit return and suggest a reasonable timeline (2 weeks?). If/when he fails to receive it, he should write a letter before action pointing out her contractual obligation and suggesting that he might take legal action to recover it within a week.

Then he can initiate the small claims court process at moneyclaimonline. If he likes, in the letter before action he can attach a completed but not sent moneyclaim form so she knows he is serious.

Lips

Thanks for the responses. I'm fairly sure that she's not told her letting agency that she's got a lodger, but, like you say, whilst they might be a bit narked, they're not going to be interested in becoming embroiled in the middle of this debacle.

One last question... could my brother report her to the police if she still refuses to pay on his departure? Would they consider this to be theft, or is it a naff little civil matter that they wouldn't be concerned with? Incidentally, the sum in question is £600, which is no small sum to my brother.

Cheers,
Lips

Beardmidget

I'd forget about criminal proceedings- it wouldn't be theft because she will return it eventually... and it came into her possession legally.

HOWEVER- this is exactly what the small claims court is set up to deal with. It would cost your brother a small fee; he wouldn't have to pay any of her costs and if he wins he will have an enforceable judgment in his favour.

theartfullodger

And, if it gets that far there is a chance that just presenting her with the paperwork before sending it off prompts her to pay. Or doesn't.

What a b***h

Cheers!

Lodger

Lips

Indeed. Another of life's little lessons to further dilute my faith in human nature :rolleyes:


(...but which is restored completely by the helpful attitudes I encounter on MSE )


Thanks, folks!

- Lips

tbs624

We can ignore the tenancy deposit regs here for 2 reasons - one the OP's brother appears to be a lodger or sub tenant and as the OP lives in Glasgow and mentions an SAT I'm assuming her brother is also in Scotland.

Lips - get your brother to contact Govan law centre who have a good rep on LL&T issues - he should take the lodger agreement along & they can advise on how to proceed to the Sheriff Court if necessary.

And, yes, I'd let the LA know.

adg1

Let the LA know as there should be a clause against sub-letting in her contract which she has signed with the LL and LA.

Otherwise advice above stands methinks.