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Deposit returned

Hello everyone,

I am not sure this is the right forum, but I thought it was the best fit out of all of them. If you think I should post this elsewhere please let me know.

A friend of mine is currently renting a room from a live in landlady without a contract and is due to move out beginning of next month (with a proper contract in place this time ;) . She is worried that she may not get her deposit back that she paid in cash at the beginning of the tenancy. I think the landlady has not declared her living there to HMRC or her mortgage company. Their relationship has gone downhill recently which may mean it will be more difficult to get the deposit back.

Is there any way of ensuring she will get her deposit back? Iif there is a dispute is there some dispute resolution service (other than the small claims court) she can go to?

I appreciate all advice you can give!

Comments

  • browneyedbazzi
    browneyedbazzi Posts: 3,405 Forumite
    I've been Money Tipped!
    Landlords are required to register deposits in a deposit protection scheme - your friend should have got paperwork to confirm the details of the scheme where the deposit is held. If this didn't happen then the landlord has broken the law and there are penalties for this. Shelter offers some good advice on how to deal with deposit issues:

    http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes?gclid=CProtYzXq7cCFabLtAod9BYAXA
    Common sense?...There's nothing common about sense!
  • System
    System Posts: 178,365 Community Admin
    10,000 Posts Photogenic Name Dropper
    Is that eligible for lodgers? I think the rules are different when you are renting a room in the landlords house as opposed to renting a property independently.

    I'm not certain if these rules apply?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • System
    System Posts: 178,365 Community Admin
    10,000 Posts Photogenic Name Dropper
    I've jut googled it and it doesn't look like it applies.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Paid cash, no contract, no proof.

    Could struggle if LL wants to be difficult. Perhaps the deposit will be withheld for a reason?
  • iclayt
    iclayt Posts: 461 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I think the approach I would take would be to politely ask my landlady which method she would like to use for returning my deposit - cash as originally paid, or would she like my bank details to do a direct transfer? I wouldn't give any indication that I wasn't sure whether I would be getting it back or not.
  • pinkshoes
    pinkshoes Posts: 20,595 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Your friend is a LODGER, not a tenant, so no deposit protection rules apply.

    I'd just ask for the deposit back, then if the landlady is not forthcoming, WRITE to her giving her 14 days to return the cash deposit she paid on <date>.

    Does her bank account show the money being withdrawn?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Angel316
    Angel316 Posts: 13 Forumite
    Thanks for all your responses.

    My friend got shouted at because she left a bathroom mat wet and there was a hair on the floor. I dont think that's reasonable.

    She couldnt withdraw the whole sum at once so withdrew it across two days.

    Do you think the citizens advice bureau could help?

    Thanks for all your responses so far, it's greatly appreciated!
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