How to take deposit back

Miranda25

Hi Guys,

I live without a contract and have some issues with landlord. What am I suppose to do if landlord refuses to pay deposit back at my last day of staying in the house? Any advice please? Any steps to do to prove later on that landlord refused to give deposit back? How can I protect myself please? Thank you so much.

M.

G_M

You have a contract. It is just verbal, not written.

* England? scotland?
* Tenant or lodger (does the landlord live there)?
* date tenancy started?
* date deposit paid? Evidence (eg receipt)?
* length of contract? Was this discussed/agreed?
* was deposit registered in a scheme? Was PI issued (see below)?


* Deposits: payment, protection and return

Miranda25

GM, I put replies into your questions, please see below.

England? scotland?
England
* Tenant or lodger (does the landlord live there)?
Live with landlord in the same house
* date tenancy started?
22nd December
* date deposit paid? Evidence (eg receipt)?
18th December, written on paper
* length of contract? Was this discussed/agreed?
no, length was not discussed
* was deposit registered in a scheme? Was PI issued (see below)?
no, deposit was not registered.

anselld

You are a lodger so there is no requirement for the L to protect the deposit.

The L is not required to return the deposit on the final day. They may need to get quotes for repairs for example. However they should return within a reasonable time.

Protect yourself by taking pictures to prove the state of things at checkout. Make sure you return keys, remove all your stuff, clean, etc.

You can try to negotiate return of deposit on the final day but it will depend on the willingness of the L. If you cannot agree straight away then conduct any further negotiation in writing and ultimately, if necessary, letter before action and small claims Court action.

Miranda25

Thank you Anselld.

What is a reasonable time for landlord to return deposit back?

Can landlord deduct some money from deposit by arguing that he/she spend too much on heating please? Heating is not the same category as repairs and I live in the house with all bills included. Thank you.

tykesi

Why not just tell us what the actual problem is rather than asking lots of cryptic questions. You'll get much better and tailored advice if you share the issue you're having.

Guest101

The LL can do anything they like, if you don't agree you must take them to court (or atleast threaten to)

Miranda25

The biggest issue was with heating. It was cold in the house all the time (like in meat departments in supermarkets) and I used oil radiator in my room. They find out it later and shouted that I am not allowed to use it. That's why I am thinking if they can do some deductions from my deposit and would they be right in this situation? Thank you guys.

G_M

It depends on the terms of the contract.

Since the contract was verbal, not written, it depends what was said or understood.

If the understanding at the start of the contract was that all utility bills were included in the rent, and no conditions were attached (eg not allowed an extra plug-in heater in the bedroom), then you cannot be charged extra for utilities.

If however the LL made it clear at the start that reasonable utility costs were included, then there could be a debate about what is 'reasonable'.

As anselld says above, as a lodger, your deposit does not need registering in a scheme, so the return of your deposit comes down to

1) what agreement you reach with the LL or

2) if you cannot agree, then the courts (money claim online )

Miranda25

Thank you for all your help.
Shall I pay for MCOL and how much roughly?

theartfullodger

https://www.gov.uk/make-court-claim-for-money/court-fees

Claim amount........Using Money Claim Online
Up to £30..........................£25
£300.01 to £500...............£35
£500.01 to £1,000............£60
£1,000.01 to £1,500.........£70
£1,500.01 to £3,000.........£105
£3,000.01 to £5,000.........£185
£5,000.01 to £10,000.......£410
£10,000.01 to £100,000...4.5% of the claim