Landlord unfairly retaining a lodgers deposit

joshyblind

Hello,was wondering if someone could help me with a problem my sister is having, I’lltry and keep it as concise as possible. She recently moved into a room under alodgers agreement, the notice period was 2 months, she gave 6 weeks. The landlord is now refusing to refund her deposit (£450) on the grounds that she did not satisfy the notice period in full, in addition she is requesting additional monies for bills but not providing any proof of the amounts owing.

Some additional facts:

·The lodgers agreement was not signed by my sister,only the landlord signed it, in addition a copy of the agreement was only provided 2 weeks after she moved in.

·My sister is only 18 and this is her first time living alone, I believe the LL is taking advantage of her naivety.

·Rent has been paid up to 25/11 however my sister has not been staying there all the time, she returned last weekend to find the front door had been double locked and she could not gain access, the landlord was away and has since denied this.

·The front door key has now been returned to the LL as my sister no longer wishes to stay there

·LL refuses to provide a telephone number so we can discuss matters further, I have not spoken to this woman but my parents have made attempts and have had a short conversation via my sisters phone, this concluded in the LL saying “do what you want you’re not getting the money back”

·The “contract” did not specify the penaltiesinvolved if insufficient notice was provided.

·LL states there are additional verbal agreementsoutside of the contract which she is relying on, my sister denies this.

·The property is owned by the LL’s parents and she lives in the property, as far as I’m aware it was purchased for her but their names are still on the title register.

·My parents have sent the LL’s parents correspondence querying their daughters reasons for retaining funds but this has gone unanswered.

·A further letter has been sent direct to the LL querying the same, again unanswered.

I am aware that deposits for lodgers are exempt from protection under the DPS, I am also aware that if the LL continually refuses to return the deposit my only option (AFAIK) is to raise a small claim against her, I am capable of doing this and know the procedure however in one final attempt to resolve matters amicably I am going to try and speak to her face toface with my sister in attendance, as she has paid rent up to the 25th I am hoping that gaining access to speak to her will not be a problem but I want to ensure I go fully armed e.g. case law, regulations, guidance etc etc.

Can anyone provide advice in this respect? I’m meeting her this evening so time is of the essence, I’d rather not have the hassle of going to court and whilst I’m not fully learnt on the legal provisions and requirements of lodger/landlord agreements think it’s quite apparent the LL isbeing unreasonable and want to ensure I attend fully armed.

joshyblind

Hi, can anyone assist me with this? Sorry for bumping but the meeting i have with the landlord is this evening.

Fire_Fox

It's worth running an advanced search, issues with deposits come up many times a week. Also be a bit more patient than expecting a comprehensive reply in a couple of hours please!

1. This is not your/ parents battle to fight because you are not the lodger, have your sister to do it with your support, you could end up being accused of harassment. You absolutely should NOT be writing to the landlord's parents, that could be a breach of Data Protection or libellous depending what was said
2. Deal with the landlord in writing only, use recorded delivery or two copies from different Post Offices and get a proof of posting for each.
3. Without knowing what you have already said in the phone calls/ letters it's impossible to know whether you have a leg to stand on, you may have already dropped yourself in it legally. Contracts can be verbal as well as in writing.

G_M

I agree with Fire Fox above, but in answer to some Qs:

joshyblind wrote: »

....She recently moved into a room under alodgers agreement, the notice period was 2 months, she gave 6 weeks. The landlord is now refusing to refund her deposit (£450) on the grounds that she did not satisfy the notice period in full,
IF the notice period was 2 months, then lodger must pay full rent for the full 2 months (or have it deducted from deposit) but see below
in addition she is requesting additional monies for bills but not providing any proof of the amounts owing. WRITE (lodger, NOT you) to the LL (not parents) asking for breakdown of costs and evidence (utility bills or whatever)

Some additional facts:

·The lodgers agreement was not signed by my sister,only the landlord signed it,
Then LL caNOT rely on it. 2 months is a VERY long notice period for a lodgers agreement. 1 month, or even a week, is common and reasonable. Again WRITE pointing out lodger never agreed to 2 months notice in writing OR verbally (if this is the case) and therefore requesting removal of the deduction for extra rent from deposit deduction
in addition a copy of the agreement was only provided 2 weeks after she moved in.
proof? Dated? Though without lodger's signature it is immaterial
·My sister is only 18 and this is her first time living alone, I believe the LL is taking advantage of her naivety. irrelevant

·Rent has been paid up to 25/11 however my sister has not been staying there all the time, she returned last weekend to find the front door had been double locked and she could not gain access, the landlord was away and has since denied this.
Letter should explain that as rent is paid to 25/11 she is entitled to stay to 25/11. As she was locked out she wishes to counter-claim for return of rent from date she was excluded

·The front door key has now been returned to the LL as my sister no longer wishes to stay thereDate returned? Did LL accept? Was there agreement that the agreement for the room was ended?

·LL refuses to provide a telephone number so we can discuss matters further, why should she?I have not spoken to this womangood. Don't but my parents have made attempts and have had a short conversation via my sisters phone, this concluded in the LL saying “do what you want you’re not getting the money back”do not ring again. WRITE. Not you or parents, only the lodger should write (unless she gives you a POA which is not really appropriate here_

·The “contract” did not specify the penaltiesinvolved if insufficient notice was provided.well, yes - it said 2 months notice therefore rent must be paid for 2 months. That is not a 'penalty' it is a notice period. But see above

·LL states there are additional verbal agreementsoutside of the contract which she is relying on, my sister denies this. cannot comment as you do not say
a) what these additional agreements are
b) circumstances of alleged conversations

·The property is owned by the LL’s parents and she lives in the property, as far as I’m aware it was purchased for her but their names are still on the title register.irrelevant

·My parents have sent the LL’s parents correspondence querying their daughters reasons for retaining funds but this has gone unanswered.STOP! (see above)

·A further letter has been sent direct to the LL querying the same, again unanswered.Sent by WHO?

I am aware that deposits for lodgers are exempt from protection under the DPS, I am also aware that if the LL continually refuses to return the deposit my only option (AFAIK) is to raise a small claim against her,
correct
I am capable of doing this and know the procedure however in one final attempt to resolve matters amicably I am going to try and speak to her face toface with my sister in attendance,
My advice? Don't. Everything you've said suggests at best she'll refuse/close the door in your face, at worst there'll be a shouting match and or escalation
as she has paid rent up to the 25th I am hoping that gaining access to speak to her will not be a problem but I want to ensure I go fully armed e.g. case law, regulations, guidance etc etc.Write.

Can anyone provide advice in this respect? I’m meeting her this evening Don't. Give her a letter FROM THE LODGERso time is of the essence, I’d rather not have the hassle of going to court and whilst I’m not fully learnt on the legal provisions and requirements of lodger/landlord agreements think it’s quite apparent the LL isbeing unreasonable and want to ensure I attend fully armed.

You can certainly write the letter on the lodger's behalf, with her consent, in her name, with her signature, but it must come from her. It should be headed "Letter Before Action"

You must be willing to follow the SCC procedure.

edit: My only further point is whether you really have the full story. Has lodger told you everything? LL is either very unreasonable OR there is more to this than meets the eye. While she was living there, how did they get on? Were there arguemnets? Over what? Why did she decide to move out?

If the LL were to post a thread here asking for advice, what would her side of the story sound like......?