Lodger - getting deposit back

MrSnuggles

I've been living as a lodger in a couple's home. At first we verbally agreed I would pay monthly and one month's notice will be given when I leave. No contract's been signed and we agreed I'm staying on a monthly basis because I want to be able to leave anytime. Later, the landlord told me "You can pay weekly instead if it makes it easier for you" and he knows I'm actively applying for jobs in other cities, so I need flexibility of moving out soon.

I'm moving out to a houseshare in the same city to reduce my rent expenses. I've verbally given two weeks and four days notice but the landlord said as I haven't given a whole month's notice I can't get my deposit back.

I argued isn't that the point in paying weekly instead of monthly, so I only need to give one week's notice? He said no, it's only to make it easier for me to pay. Um ok... how is it easier for me to pay weekly instead of monthly? I'm essentially paying slightly more than what was initially agreed since there's more than four weeks in a month.

19lottie82

I would imagine that the one months notice still stands, as this was not actively discussed, only the frequency of the rental payments.
Do you have a written agreement? If so what does that say?

If not it looks like, if you can't reason with your LL, you'll have to take him to the small claims court, where it will be your word against his?

HOWEVER, as you are a lodger, legally you may not have to give notice. I'm really not sure about this....... anyone?

McKneff

Sorry, the law is with the landlord.

You agreed to give a months notice. This wasnt mentioned at all when you started to pay weekly so still stands.

If you get paid weekly it must be easier to pay weekly. So I can see that reasoning.

If you get paid monthly why agree to pay weekly when it would be easier to pay monthly

What is the deposit amount.

MrSnuggles

McKneff wrote: »

Sorry, the law is with the landlord.

You agreed to give a months notice. This wasnt mentioned at all when you started to pay weekly so still stands.

If you get paid weekly it must be easier to pay weekly. So I can see that reasoning.

If you get paid monthly why agree to pay weekly when it would be easier to pay monthly

What is the deposit amount.

£250 and monthly rent is £400, which later changed to £100 per week so I'm really paying approx £440 per month.. Landlord doesn't know whether I'm paid weekly or monthly so the only 'make it easier' for me can possibly be giving a shorter notice to leave. I'm actually better off paying monthly because it's not exactly four weeks in a month.

Stayed for nearly three months. The landlord due to his work doesn't want his customers knowing he's got a lodger living in so I don't think he's willing to chance losing customers and have me bring him to court?

19lottie82

MrSnuggles wrote: »

£250 and monthly rent is £400, which later changed to £100 per week so I'm really paying approx £440 per month. I'm actually better off paying monthly because it's not exactly four weeks in a month.

So, if it was costing you more money, and was more hassle, why did you agree to change the payments to weekly?

MrSnuggles wrote: »

Landlord doesn't know whether I'm paid weekly or monthly so the only 'make it easier' for me can possibly be giving a shorter notice to leave.

You're making an assumption here (which the LL does obviously not agree with) with nothing to back it up.

MrSnuggles wrote: »

I don't think he's willing to chance losing customers and have me bring him to court?

If you take him to court, you will lose (see above) . And you will have to pay the court costs. Don't waste your time, or money.

MrSnuggles

19lottie82 wrote: »

So, if it was costing you more money, and was more hassle, why did you agree to change the payments to weekly?



You're making an assumption here (which the LL does obviously not agree with) with nothing to back it up.



If you take him to court, you will lose (see above) . And you will have to pay the court costs. Don't waste your time, or money.

I agreed thinking I only need to give one week's notice to leave.

I never told me landlord when or how I'm paid. Landlord doesn't have access to my bank statements. I pay my rent in cash so it's not possible for my landlord to know if I'm paid weekly or monthly.

Since nothing had been signed I can just claim we verbally agreed on giving a week's notice lol.

19lottie82

MrSnuggles wrote: »

I agreed thinking I only need to give one week's notice to leave.

I never told me landlord when or how I'm paid. Landlord doesn't have access to my bank statements. I pay my rent in cash so it's not possible for my landlord to know if I'm paid weekly or monthly.

I never said that your landlord must know how often you got paid.

Look. I feel your frustation here but the deal is that if you want to take this any further, you will need to go to court.
The court will not award you any compo based on what you "thought" was the case or what you think is fair.
You need documents and evidence to back up your claim. You don't have this. Again, the court will side with the LL, you will find yourself still without your deposit and a bill for court costs and your LLs expenses.

Give it up and use this as a costly lesson that you should not make assumptions in future and always ask for confirmation in witing.

19lottie82

MrSnuggles wrote: »

Since nothing had been signed I can just claim we verbally agreed on giving a week's notice lol.

No you can't. Court doesn't work that way I'm afraid lol

AFK_Matrix

Assumption is the mother of all **** ups!!! You should have written something down then there would be no issues at all, lesson learned there. And since nothing has been signed then he can say he never agreed to a weeks notice and keep your money.

You really have no bargaining chip here apart from him not wanting people to know he has a lodger which seems odd anyway. Good luck in getting your deposit back.

MrSnuggles

19lottie82 wrote: »

I never said that your landlord must know how often you got paid.

Look. I feel your frustation here but the deal is that if you want to take this any further, you will need to go to court.
The court will not award you any compo based on what you "thought" was the case or what you think is fair.
You need documents and evidence to back up your claim. You don't have this. Again, the court will side with the LL, you will find yourself still without your deposit and a bill for court costs and your LLs expenses.

Give it up and use this as a costly lesson that you should not make assumptions in future and always ask for confirmation in witing.

Then I'll just have to lie and say we agreed I can leave after a week's notice. I can prove I'm withdrawing money weekly to pay my rent. Then it's his word against mine on how much notice I need to give. Since there's no logic in paying weekly when I'm paying more, it's only natural to think I'm paying more overall to reflect on a shorter notice to leave agreement.

Think I'll win if I take him to court.

19lottie82

MrSnuggles wrote: »

Think I'll win if I take him to court.

Just like you "thought" that weekly payments meant a change of notice period?

OK, let us know how you get on please.