Private Let - Non-refundable deposit?!

hebangsthedrums

Hi All,

Bit of advice needed if I could.

I've been renting a room in a flat (direct from live in LL) for last couple of years, but circumstances have changed, and I will be giving notice shortly.

I never signed a formal rental agreement (bit silly I know) but I did sign a receipt for the deposit, and when looking this out to check dates etc, I have seen that this deposit is described as 'non-refundable'.

I have had a search of the forum and see that such deposits are common with letting agents and used to cover the fees for setup/credit checks etc (seems unfair to me anyway), but I cannot find an example similar to mine.

I assume I should get my money back - have always paid on time, room will be in same condition as when I moved in, and I get on well with LL, however I'm now concerned.

Particulars of the receipt are it is headed receipt of deposit for xxxxx, then says security deposit sum of xxx (non-refundable), then mentions rental amount, whicih is same as deposit, so I think I assumed I was paying one month up front which effectively I have. Then has my details & LL details and sigs.

I am going to discuss on assumption I will get money & if anything about non-refundable is mentioned I will advise I assume that it was a guarantee of me taking the room (which is how it could be read), and as I did and have been a steady tenant for more than 2 years can reasonably expect back.

How strong is my position?

Thanks in advance for any replies.

dancingfairy

If you were living in the same house as the landlord that would make you more of a lodger I would have thought? It might be worth having a look on the Shelter website to see if there is any info on there that might be of use while you are waiting for the experts to reply to this thread.
df

G_M

dancingfairy wrote: »

If you were living in the same house as the landlord that would make you more of a lodger

Not 'more of' a lodger. The OP IS a lodger.

It depends what this deposit was for.
If it was to hold the flat and take it off the maket until the contract was signed, and/or to cover costs of referencing/credit vetting, then it is normal that it would be non-refundable.

If it was a security deposit, held against damage, theft, cleaning costs, rent arrears etc which arise during the contract period, then it should be refunded unless there ARE proven damages etc.

The wording appears ambiguous. Speak to the LL but start from the position that you assume it is a refundable security deposit despite what is written.

BitterAndTwisted

If you share the same accommodation as a live-in landlord then you are a lodger and not a tenant, therefore no rental agreement is required. Sometimes a landlord will retain a lodger's deposit until all of the utility bills are received especially if you share a communal land-line phone.

You only paid the landlord a deposit if you paid the equivalent of two month's rent when you moved in: one month's advance rent and the equivalent of a month's rent as deposit.

There's little legislation to protect lodgers so I think it will all be down to friendly negotiation.

hebangsthedrums

Thanks for all replies so far.

Have had a look at the shelter site (in my ignorance I assumed it was just for homeless people), and have effectively emailed them the above as none of the on site guides cover this situation.

Yes wording is ambiguous & I will start from position I expect it to be returned. It certainly couldn't be for credit checks etc as non were performed, and I moved in approx 2 weeks after paying it.

Rent is all inclusive and there was is no telephone (landline for broadband only). Also arguably he got a pretty good deal as I stay elsewhere for 9 of 10 weekends.
Friendly negotiation it is, although covering worse case scenario, he took in an additional lodger after me in the bigger room, and I would suspect he has not notified HMRC of the rental incomes (total for rooms is over tax free threshold by some distance), any idea what the penalty for that would be?
(Really hope it doesn't come to me having to consider mentioning that!!!)

G_M

HMRC fraud.

BitterAndTwisted

It's bit of a massive leap to go from "friendly negotiation" directly to "very unfriendly blackmail". I would discourage you from contemplating that and think you would benefit from concentrating on making a decent case for your deposit to be returned to you. Often, when you anticipate only encountering the very worst outcome you could be in danger of ensuring it.

hebangsthedrums

BitterAndTwisted wrote: »

It's bit of a massive leap to go from "friendly negotiation" directly to "very unfriendly blackmail". I would discourage you from contemplating that and think you would benefit from concentrating on making a decent case for your deposit to be returned to you. Often, when you anticipate only encountering the very worst outcome you could be in danger of ensuring it.

Wise words. I honestly don't think I would, but I like to know exactly where I stand before talking about hefty chunks of money.