advice on difficult tenant/landlord situation

andy40

Hello,

A friend of mine needs some advice, she has been renting a room for the past 6 months. The landlord was difficult to deal with, and she has now agreed to move out. Today the landlord demanded that she leave, and then refused to talk. My friend is concerned that she will not get her deposit back. She cannot find her rental agreement and suspects that the landlord may have taken it. She paid the rent and the deposit cash in hand.
What should she do?
I think she has to move out and then if the deposit is not payed then try the small claims court. The lack of rental agreement and evidence that she paid any money will not help.
Does anyone have any advice?

Thanks

Andy

McKneff

Has she rented this room from a landlord who lives in the same house.

Why has she been asked to leave, any damage to the room etc.

andy40

Yes the landlord lives in the same house.
I dont know why exactly she agreed to leave, although I know she found the landlord a difficult person to live with.

McKneff

So she is a lodger, not a tenant. Different rules altogether.

Less rights. Tell her to google Lodgers rights

Tell her to ask for her deposit back, but to be honest if she paid cash and she hasnt got a receipt
for the cash she is up the creek without a paddle. Her word against his.

She may just have to learn from it and get reciepts for everything in future.

andy40

Thanks for the advice.

Andy

Zorz_2

andy40 wrote: »

She paid the rent and the deposit cash in hand.

HMRC may want to hear about this...:D

G_M

Zorz wrote: »

HMRC may want to hear about this...:D

But will not be interested if the rent is below the Rent a Room Scheme threshold of £4250 pa.

Zorz_2

I thought that, even though it is untaxable under that amount, it still has to be declared by filing a SA. But the link says that

"If you don't normally receive a tax return and your receipts are below the tax-free thresholds for the scheme, the tax exemption is automatic so you don't need to do anything."

so I guess I was wrong.

dimbo61

All the same the threat of reporting him to HMRC for failing to declare the rent he is getting might get back her deposit!!!
Has she seen a gas safety certificate, EPC ???
Is he sub letting a council property ?
Has he informed his house insurance?, lender ?

tbs624

dimbo61 wrote: »

All the same the threat of reporting him to HMRC for failing to declare the rent he is getting might get back her deposit!!!
Has she seen a gas safety certificate, EPC ???
Is he sub letting a council property ?
Has he informed his house insurance?, lender ?

No EPC necessary for lodger in LLs home.

There is a difference between a sub-T and a Lodger - note that many Councils permit their Ts to have a lodger.

Probably more to this "friend's" situation than the OP is posting up. Friend is foolish for having coughed up in cash , without obtaining a receipt

andy40

I did go down to help my friend move and the landlord was a !!!!!! Initially being extremly curt and refusing to talk to either of us. We packed and then the landlord (she) came out and accused my friend of breaking lots of things in the flat, paying late for which she would be 'fined' (2 hours!), leaving 'skid marks' in the loo on a number of occasions, taking batteries from the kitchen clock, leaving the room and kitchen dirty etc etc. She then claimed £400 from fromt he £500 deposit for damages.
The landlords behaviour seems unreasonable, on numerous other occasions as well.
We left and kept the keys. I have advised my friend to talk to the local CAB and take it from there.