Deposit Woes

CrazyCatLady

Hi all,

I haven't posted on this board before but I'm having some serious issues with renting and it's really upsetting me. This is going to be quite a meaty post so please bear with me.

Back in the beginning of September I moved into a room in a house. The landlord mentioned at my viewing that the house was for sale but it would be a while before he sold it. He said it needed a lot of work done.

Then, towards the end of September, he began inviting people round for viewings. He sent all us lodgers a text warning us about how he was looking to sell it soon.

This sent me into a spin because I'm on an intensive training scheme and have enough stress to deal with without trying to find somewhere nice to live and moving. So I just decided to try and get a place sorted ASAP. The trouble is, everywhere wants someone to move in immediately. So I found a place. I gave me landlord a week's notice which I thought was reasonable, I was paid up until then.

I sent him a text informing him I'd be moving out in a week. He sent a text back saying that wasn't enough notice and I'd lose my deposit. The deposit was a month's rent, £450. He said my deposit was for a month's notice.

We had no contract. My friend told me this was wrong. It's not even as if the landlord's poor. He runs a survey company which has actually been mentioned on this board a few times.

Can anyone help? Do I have a right to that money? How easy would it be to get it back? I decided not to fight it at the time, I've been so busy working and studying and had enough on my plate.

But now it's the holidays, I've had to take out a payday loan and I'm lending off my parents because I'm struggling with my rent now. And the place where I'm living now is horrible. The landlords are nasty to me. I want to move out and I'm worried I'm going to lose the deposit for there too.

Advice, help would be very much appreciated.

moromir

Could you confirm whether the landlord lives in the property with you?

Just because a contract is not written, does not mean a contract does not exist -

Could you also confirm how you pay your rent - i.e. monthly, weekly?

What day is the rent due? I.e. 1st of the month

(once we know the above we can advise you on the correct notice period that you should give)

CrazyCatLady

For the first property, the landlord did live in the property with me. I paid the rent monthly, and it was due on the 1st. The property I'm at now is the same, I pay monthly, no written contract, and the rent is due on the 3rd of the month.

G_M

Plus details of anything that was said about notice ,or written (on the receipt?) when you paid the deposit and/or initial rent.

thequant

CrazyCatLady wrote: »

Then, towards the end of September, he began inviting people round for viewings. He sent all us lodgers a text warning us about how he was looking to sell it soon.

Can you repeat the Text Verbatim

CrazyCatLady

There was nothing said or written about the deposit or first month's rent.

First text warning us said:

"Hi Guys. There are people coming to see the house @ 9:30 & 17:30 & 18:00 tomorrow. Thanks"

And then when he sold it he sent us:

"Hi guys. We have provisionally sold the house. However I've been told to expect at least 2 months until closure."

I confirmed my next place to live later that day.

thequant

CrazyCatLady wrote: »

There was nothing said or written about the deposit or first month's rent.

First text warning us said:

"Hi Guys. There are people coming to see the house @ 9:30 & 17:30 & 18:00 tomorrow. Thanks"

And then when he sold it he sent us:

"Hi guys. We have provisionally sold the house. However I've been told to expect at least 2 months until closure."

I confirmed my next place to live later that day.

My knowledge in this area maybe out of date here, but unless things have changed there is essentially no contract formed when there a LL lives on the property. Even if there is an agreement wether written or verbal it isn't binding although would be useful for guidance in the event of a dispute.


As there is no contract between you and the LL, in the event of ending a tenancy you should give each other "reasonable" notice. Unless there is any other circumstances this is taken as 28 days but the figure is not set in stone.


As you gave a weeks notice, technically this was not reasonable notice.


However on the flip side the LL in these arrangements can't deduct from the deposit for unpaid future rent (as their is no contract). However he can claim from the deposit any losses he incurs from your failure to give reasonable notice IF HE WERE TO LET OUT THE ROOM AGAIN.


Since the reasonable term is 4 weeks, and you gave 1 weeks notice, then you should be entitled to at least one weeks deposit back.


However I think there is an argument that could be made, that since the LL is unable to let out the room then he has suffered no loss.


The key issue here is that the LL cant deduct for contractual rent, as there is no contract (even if you signed one). But only the losses incurred by your actions.


Every council employs someone in the housing department who specialises in this are and can probably give more update guidance on this area. I suggest contacting them.

Guest101

thequant wrote: »

My knowledge in this area maybe out of date here, but unless things have changed there is essentially no contract formed when there a LL lives on the property. Even if there is an agreement wether written or verbal it isn't binding although would be useful for guidance in the event of a dispute.


As there is no contract between you and the LL, in the event of ending a tenancy you should give each other "reasonable" notice. Unless there is any other circumstances this is taken as 28 days but the figure is not set in stone.


As you gave a weeks notice, technically this was not reasonable notice.


However on the flip side the LL in these arrangements can't deduct from the deposit for unpaid future rent (as their is no contract). However he can claim from the deposit any losses he incurs from your failure to give reasonable notice IF HE WERE TO LET OUT THE ROOM AGAIN.


Since the reasonable term is 4 weeks, and you gave 1 weeks notice, then you should be entitled to at least one weeks deposit back.


However I think there is an argument that could be made, that since the LL is unable to let out the room then he has suffered no loss.


The key issue here is that the LL cant deduct for contractual rent, as there is no contract (even if you signed one). But only the losses incurred by your actions.


Every council employs someone in the housing department who specialises in this are and can probably give more update guidance on this area. I suggest contacting them.

There is limited legal protection for lodgers, however there are contract protections. Since the contract is verbal at best, it can be argued that it was agreed that 1 weeks notice was agreed.

This is for the court to decide, but potentially yes the op could get 1 week back or the full amount back.

I doubt the LL would have much of a case.

Also I doubt they have informed hmrc, so that could be a wild card.

The new place, where does the ll live op?

dancingfairy

First one: In terms of the deposit, was it protected? If it was then you should try and claim it back asap. If not then you will have to take the landlord to court. This is pretty easy to do and costs about 50 pounds I think. You can apply online.


With regards to the second one what are the problems?
Is the deposit protected?
Do you have a contract?
Does the landlord live in the property?
Have you applied for any benefits you may be entitled to such as housing benefit etc?
If you tell us a bit more we may be able to help further.
df

mrginge

Guest101 wrote: »

There is limited legal protection for lodgers, however there are contract protections. Since the contract is verbal at best, it can be argued that it was agreed that 1 weeks notice was agreed.

This is for the court to decide, but potentially yes the op could get 1 week back or the full amount back.

I doubt the LL would have much of a case.

Or it could equally be argued that 1 months notice was agreed, depending on what information the LL has that the OP has either forgotten or omitted. Frankly, you don't know, so to 'doubt the LL would have much of a case' is a little presumptive.

Also I doubt they have informed hmrc, so that could be a wild card.

And why do you doubt this? Got some inside info? Or are you just assuming that, because the OP has a problem, the LL is instantly some kind of spiv who's flouting any regulation he wants?

Perhaps being slightly more objective would be beneficial?

mrginge

dancingfairy wrote: »

First one: In terms of the deposit, was it protected? If it was then you should try and claim it back asap. If not then you will have to take the landlord to court. This is pretty easy to do and costs about 50 pounds I think. You can apply online.


With regards to the second one what are the problems?
Is the deposit protected?
Do you have a contract?
Does the landlord live in the property?
Have you applied for any benefits you may be entitled to such as housing benefit etc?
If you tell us a bit more we may be able to help further.
df

RTFS.

10 char.