Urgent - Leaving A Rented Room

stokie21

Hump wrote: »

Your mum's a lodger and entitled to 'reasonable notice' to leave - this is usually whatever is cited in the original agreement - if she has to give 4 weeks to leave then a reasonable period of 'notice' for the landlady to give your mum would usually be 4 weeks. Sounds great, but it's virtually unenforceable though your mum might be able to sue for damages at a later stage.

The way it is at the moment, the landlady will say she has had no notice at all because thats the sort of person she is! as there is no contract in place does she have to give notice at all?

Also at the end of the day the landlady has kicked her out as of tonight, I told my mom to keep the text !!

stokie21

RAS wrote: »

Hi

What we need to kniow is if the landlord went round the room with your mother, listing all the items in the room and the condition they were in when mum moved in? She would have asked mum to sign this.

No M8, this was NOT done she signed nothing

RAS

Ok

Mum needs to keep that text. Since mum advised the LL verbally that she was leaving, there is no evidence that mum gave notice.

There is however, evidence that the LL gave your mum a few hours notice to leave.

Since there is no signed inventory, the LL cannot deduct anything from the deposit to cover damage, because she has no evidence.

There is evidence that you mother paid a deposit.

And having given your mum three hours notice the leave, I doubt the LL would get far with even claiming deductions for cleaniness.

It might even be worth sending a text tonight.

"I confirm that I moved out tonight despite having paid this week's rent uip to (date). Please can you advise when the deposit money (£200) listed in the AST will be returned?"

We know that it is not an AST, but that remids the LL that mum has evidence.

Hoperfully she will get an ear-bashing back.

It is not going to be easy but get mum to CAB tomorrow or speak to Shelter and see if either will send a letter for mum if the LL refuses to return the deposit.

If not mum will need to send the letter herself, giving the LL a reasonable period to return the deposit (say 10 days) and an address to which any cheque can be sent. If she refuses send a letter before action.

stokie21

RAS wrote: »

Ok

Mum needs to keep that text. Since mum advised the LL verbally that she was leaving, there is no evidence that mum gave notice.

There is however, evidence that the LL gave your mum a few hours notice to leave.

Since there is no signed inventory, the LL cannot deduct anything from the deposit to cover damage, because she has no evidence.

There is evidence that you mother paid a deposit.

And having given your mum three hours notice the leave, I doubt the LL would get far with even claiming deductions for cleaniness.

It might even be worth sending a text tonight.

"I confirm that I moved out tonight despite having paid this week's rent uip to (date). Please can you advise when the deposit money (£200) listed in the AST will be returned?"

We know that it is not an AST, but that remids the LL that mum has evidence.

Hoperfully she will get an ear-bashing back.

It is not going to be easy but get mum to CAB tomorrow or speak to Shelter and see if either will send a letter for mum if the LL refuses to return the deposit.

If not mum will need to send the letter herself, giving the LL a reasonable period to return the deposit (say 10 days) and an address to which any cheque can be sent. If she refuses send a letter before action.

What about the broken tile? Was that already there?

RAS

stokie21 wrote: »

What about the broken tile? Was that already there?

As part of any court case, the LL will have to provide all the evidence she has that mum damaged the tile.

The LL has no proof that the broken tile was not already there, unless she took an inventory when mum moved in and one when mum moved out.

Since she did neither, if this comes to court, the LL has not got much evidence to support the deduction, has she?

stokie21

as you said " nothing was listed "

Thank you very much, for your help RAS and Hump

stokie21

RAS wrote: »

"I confirm that I moved out tonight despite having paid this week's rent uip to (date). Please can you advise when the deposit money (£200) listed in the AST will be returned?"

Done, Just got a reply back from LL

" please contact our lawyer as you have no deposit pending"

Hump

You don't need to contact anyone except the landlady - indeed it should be the landlady who speaks with her lawyer who will hopefully talk some sense into her and then charge her a fat fee.

Morglin

Might it not be simpler to just call it quits - don't pay for the tile or any other items the landlady wants and just let her keep the £200?

Keep all the evidence, in case of it going further, but tell the landlady you are not paying for a thing to be replaced/repaired/cleaned.

Lin

IronWolf

Tell your mum not to admit to any damage from now on, if the LL wants to be a cow then alls fair.

If I was your mum I would sue her for the deposit, without a signed inventory on arrival the LL has no proof that the damage wasn't already there.