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Licence to occupy and retention of deposit

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Pin_Head
Pin_Head Posts: 44 Forumite
in House buying, renting & selling
Hi

I am on a licence to occupy, staying in a property. It does say it is not a tenancy agreement.

My owner has not given me proof that the deposit has gone into a protected scheme.

Can I still sue him?

Thanks

Pin

Comments

  • 19lottie82
    19lottie82 Posts: 6,030 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Sue him for what?
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    Of course you can sue him. If you like suing people, then sue him for libel, that is most fun, but it does run a bit expensive. Or you could sue him for personal injury.

    Generally, it costs you less if you choose a lawsuit which you will win. When you have decided what you want to sue him for come back for an opinion on your chances of winning
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 26 June 2013 at 1:00PM
    Come on guys! Give the OP a break!

    Clearly the OP is considering suing the LL for failure to register the deposit as per Housing Act (3 x penalty)?

    OP. It does not matter what the document/contract you have is called. It is the facts that determine if it is a tenancy or a licence.

    What kind of property?
    how many people live there?
    Are they all one household?
    Does the LL live there? In same building? Same flat?
    Do you have 'exclusive occupation'?
    Does the LL provide services(cleaning, bed linen weekly etc)?

    That is what decides if it is a tenancy, and therefore whether the deposit should be registered by law.

    edit. See Shelter:

    http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker


    http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_deposit_rights_checker
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    License to occupy sounds like you might be a lodger. Does landlord share the same property with you?

    If so, there is no requirement to protect the deposit.
  • Pin_Head
    Pin_Head Posts: 44 Forumite
    No he doesn't.

    Sharing with one other girl.
    No other services.
This discussion has been closed.
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