Deposit + Notice question

mattdragon2

If you rent a bedroom in a house where you live with the landlord, do they have to put your deposit in a deposit scheme?

I do share the kitchen, living room and bathroom with the landlord and also other tennants.

Also, what notice does the landlord have to give for me to leave and what notice do I have to give to leave?

Thanks!

00ec25

if you are genuinely a lodger in the true meaning of lodging, ie. living in the landlord's only home with the LL resident there full time, then the LL does not have to protect your deposit in a scheme

there is no legal definition of minimum notice periods for lodgers, it is a "reasonable" period which is usually deemed to be a multiple of your rental period, so in practice: 4 weeks if weekly rent or 1 calendar month if monthly by either party

however if a genuine lodger then strictly speaking neither you or the LL need give any notice at all, but if you go to court then they would prefer to see the reasonable period described above having been applied.

in your case how many other tenants are there?
is the property classed as a house in multiple occupation (HMO), what does the council say?
do you have a written agreement? is it an AST or a licence?

mattdragon2

in your case how many other tenants are there?
Answer: 1 other

is the property classed as a house in multiple occupation (HMO), what does the council say?
Answer: Not spoke to the council. I am not sure if it's HMO, how do I find out?

do you have a written agreement? is it an AST or a licence?
Answer: I signed a contract but the landlord didn't have a copy for me so I haen't received one. I payed my deposit by cheque so I have proof of that.

From what you said I am a genuine lodger. I pay a monthly rent.

Also another question:
The person I am living with signed a 12 month contract to live in the property but is leaving early. Can he claim the deposit back since we are classed as a lodger or not?

00ec25

mattdragon2 wrote: »

I am not sure if it's HMO, ?

OK HMO is irrelevant in your case - forget about it

mattdragon2 wrote: »

I signed a contract but the landlord didn't have a copy for me so I haen't received one. I payed my deposit by cheque so I have proof of that.?

err... :eek: with greatest of respect insist you are given a copy, you do not know what you have signed !

mattdragon2 wrote: »

The person I am living with signed a 12 month contract to live in the property but is leaving early. Can he claim the deposit back since we are classed as a lodger or not?

if he signed a 12 month contract then it is possible he is on an AST not a licence, you can be a "lodger" with the written agreement actually being a full blown assured shorthold tenancy agreement (AST) of his room and allowing access to the shared facilities, it is a very important distinction
if it was simply a licence he signed then it is a contract which does not have the same rigid meaning in law as an AST, indded most lawyers will now say there is no such thing as a licence anymore which is why they encourage resident LL to always issue a house share AST gicving tenure of a designated room and share of the facilties
an AST is a tenancy agreement with (in his case) a fixed 12 month period committing him to pay rent for 12 months and if he leaves early then he will still owe rent to the end of the 12 month period unless he comes to a (written) agreement with the LL to release him from the contract

if he has been issued with an AST then his deposit must be in a protected scheme and getting the deposit back wil be done under the relevant scheme rules
if he has a licence then getting it back is absolutely down to how well he negotiates with the LL

PS what have you signed?