Lodging Deposit

giddypenguin

Good Morning all,

I gave some advice to someone who will soon be in the process of getting trying to get their deposit back after lodging with someone for 3 months. I have previously taken in lodgers so thought I knew the process, but thought I'd best double check with you knowledgeable lot just to make sure I was on the nose.

She handed over quite a large deposit upon moving in - but the home-owner has said that they would wait until they have received all the bills before they send the deposit back. I said this was bull-hickey as the rent was inclusive of all bills, so withholding the deposit based on this is a bit illogical. Anyhoo, she is due to move out at the end of the week (no dramas, just the end of a short-term agreement). I told her to take pictures of the condition of the room when she leaves, and when she hands the keys back, try and get the home-owner to sign something to say the they are happy with the condition of the room & has received the keys back.

Is there anything else she can do to protect herself, just in case this ends up going to small claims court?

lee111s

What does the lodging contract, if there is one, say about deposit? Does it mention bills are inclusive of rent?

If there's no mention of it then absolutely they need to hand back over the desposit providing there are no other damages to the property.

Jenniefour

I have a lodger, my second. My understanding is that it's landlord's responsibility to charge enough rent to cover a fair, proportionate share of the bills and that's what I do. Lodger pays her rent and that's it. I took a deposit in both cases, to cover any damage, of just over half a months rent.

When my first lodger left I went to have a look at the room the day she was leaving, everything was fine and I gave her back her deposit right away i.e. before she left the house.

Withholding deposit because landlord is waiting for bills to come in sounds illogical to me too. Does your friend have anything in writing, like a lodger agreement? Is your friend certain she's a lodger and not a tenant - in which case the deposit should, by law, be in one of the deposit protection schemes.

I can't think of any good reason a lodger wouldn't get back the deposit on the day they leave if the room is clean and no damage has been caused - unless the landlord does not have the money. I hope this isn't the case.

giddypenguin

Personally, I've not seen a copy of the contract - but there was one, and she was positive it said the rent was all-inclusive. I've asked her to double check.

Unfortunately, I my gut feeling is that you're right and the money may have been spent. The deposit was in excess of 2 months rent (which on a 4 month contract seems a little much!). Hopefully I'm wrong, and a nice cheque will float through the mail - however if not, I just want her to be as armed as possible to make a small claims court victory easy and swift.

Jenniefour

Might be helpful for you to take a look at the contract so you know the certainties of the situation. I know someone who thought they were going to be a lodger - in a room with its' own small kitchen and bathroom in a converted garage. When she got to see the paperwork she realised it was a tenancy contract so she would be responsible for her own council tax and bills. All perfectly above board. But she hadn't realised it was actually (and correctly) classed as a separate dwelling although it was attached to the house. These things happen sometimes.

2 months deposit sounds excessive to me for a lodger. That means it's a lot of money, relatively speaking.

Hopefully, your friend will take your advice about taking plenty of photographs and getting some kind of written, signed agreement with the landlord that the room is in order when she vacates.