Correct actions to get deposit back

Miranda25

Hello,

I don't know if I am a lodger or tenant. I live in the house with a lady who did contract with me but she is not a landlord, she is in charge of the house. Actual landlord lives currently abroad. I assume my lady rents the whole house from a landlord and re-rents rooms.
My question is what should be correct actions from my side if I cannot get deposit back at my last day in the house please?
The problem is that this lady is never at home (she is sometimes outside London for 10 days due to her job). I already gave a notice about leaving. I just worry whether she would be at home to return me back deposit. If I am not receiving deposit then would I still suppose to leave keys from the house please?
Another thing is this lady is on the visa in the UK. I am not sure if she can disappear with my deposit in her own country if she cannot extend her visa? Any thoughts please?
Your help would be much appreciate. Thank you.

M.

anselld

Who is named on your tenancy/lodger agreement?
Who do you actually pay the rent to?

Miranda25

Named "head tenant". Agreement between me and head-tenant.
I pay rent to head-tenant.
Thank you.

anselld

Miranda25 wrote: »

Named "head tenant". Agreement between me and head-tenant.
I pay rent to head-tenant.
Thank you.

That is meaningless. Who is the head-tenant? The live-in lady or the person who lives abroad?

Miranda25

Head-tenant is the live-in lady.

Miranda25

This is what google gave me:

"Head-tenant. You are a tenant (your name is on the tenancy agreement for the premises), you live at the premises and sub-let part of the premises to another person under a separate written agreement. That person is a sub-tenant. You are a landlord in relation to the sub-tenant."

anselld

Miranda25 wrote: »

Head-tenant is the live-in lady.

In that case you are a lodger/excluded occupier. The "live-in lady"is your Landlord and she is not required to protect your deposit in any of the recognised schemes.

Your best chance of getting it back is careful communication/negotiation and if that fails you will need to use small claims process.

Miranda25

Thank you Anselld.
If she is not at home at my last day of occupation would I still suppose to leave keys from the house and do not take them with me please?
If something goes wrong then can I still use small claims process against head-tenant please? Or this process is working only if there is a written agreement between me and "landlord" (not between me and "head-tenant")?
Thank you.

Kynthia

The owner of the property is nothing to do with you or your contract with your landlord. Your landlord is the lady who lives in the property and who you pay rent to. The fact she has a landlord is irrelevant.

Miranda25

If my landlord disappear in another country can small claims process still help me to get money back please? Or I have to be careful for future from whom I am renting a place to live? Thank you.

DCFC79

Miranda25 wrote: »

If my landlord disappear in another country can small claims process still help me to get money back please? Or I have to be careful for future from whom I am renting a place to live? Thank you.

If she disappears then you would need an address for the small claims form which I bet you won't get plus I dont believe claimant is forced to come back or respond to it if abroad and your pretty much fubared.