Subletting, deposit stolen, and additional trouble

Cognito

I was subletting a room in a house that was rented from the landlord by a couple. (Very) long story short, the guy died and his girlfriend told me to pack up and go, and that she would return me the deposit and any leftover rent. I found a new place in a day, packed, moved, returned to clean the room and (predictably), she refused to give me a penny. On the advice of the landlord, I left without handing over the keys, and she followed me down the road with two of her friends and a bouncer friend of them, blocking my way and demanding the keys. I had to call the police to get away

where do I stand legally? I've been to the housing office, told about the County court, etc., but are there any other insights you'd care to share?

any would be welcome

G_M

There are three solutions

1) negotiation - sounds like this won't work

2) get bigger/more friends than she has - I don't advise this route

3) Small Claims Court ( https://www.moneyclaim.gov.uk/web/mcol/welcome ). You'll need evidence

a) of the contract - was there a written lodger agreement or similar?

b) of the deposit payment - receipt? mention in the lodger agreement?

It helps that the owner / landlord seems to have been aware of your presence and subletting (though it sounds like loding rather than subletting) - would he act as a witness to your contract with the girl?

edit: just thought of a 4th: move back in since you
a) have keys and
b) have paid rent

You may not fancy this idea though!

Cognito

thanks for your reply

the whole story is a lot more complicated... the landlord was not aware of the sublet until the guy died (although the tenants had assured me they had asked the landlord for his permission to sublet). he is quite sympathetic to me, but he said that if it has to go to court, he'd probably say he had knowingly allowed the sublet. I reckon he doesn't want to lose the dodgy gf as a tenant

I have (had?) a contract with the deceased, which does mention the deposit.

I was advised by another friend to move back in (he had done the same and got the deposit as a result), but I'm not sure I'd be up for it. mostly as I don't know where I'd stand legally. I've left out a lot of the backstory, the gf and her posse are VERY dodgy people

Pixie5740

You weren't subletting a room, you were a lodger. Your landlord seems to be this chap who died. Was it him that you paid a deposit to and your rent each month or was it his partner?

If you have evidence of paying a deposit and rent then go down the small claims route.

G_M

Since you have evidence of paying the depsoit you can sue (see ref above) your landlord.

Note that as he is deceased, you will have to sue his Estate, and the Executers of his will will have to either pay you, or defend your claim.

If you believe he and his girlfriend were your joint landlords, you could make a joint action against both her, and his estate.