Correct actions to get deposit back

Miranda25

So it is risky to rent from somebody who is on visa in the UK? Do I have a right to ask for documents and visa status from a landlord before renting a place to live? Thank you.

G_M

Clearly the 'live-in lady' is your landlady. Since you share the property with her, you are a lodger.

I asume that as well as paying your rent to her, you also paid the deposit to her. So you must claim your deposit back from her.

When you give notice (to her) to leave, you should discuss how/when to return the keys, and how/when she will return your deposit.

If she does not return your deposit without good reason, your only option is the courts. If she 'vanishes' (either overseas or within the UK) you can serve court papers on her at her last known address.

If she fails to enter a defence to the court, the court will find in your favour.

But then you have to find her to enforce the court judgement..........

Miranda25

Thank you G_M.

dancingfairy

Unfortunately as a lodger you have very few rights. Of course it can work well and be more flexible but not always. The risk of getting your deposit back (or not) when you live with your landlord is the risk you take I'm afraid.
To be honest even if they were UK citizens who decides bit to return your deposit you might still find it difficult to track them down, take them to court and then assuming you win youve still got to get the money by appointing bailiffs or such like (yet more cost to you with no guarantee of success).
If you consider being a lodger/ living in the same property as a landlord again you can of course ask for references, ask for details of previous tenants so you can check they got their deposit back etc etc but to be honest in some places there are so many people looking to rent rooms that the landlords of the lodgers dont need to prove their identity etc, they would just pick someone else
Your best bet is to get recommendations from friends and do your best to judge the character of your potentisl live in landlord. What job do they do, gave they been there a while etc etc (no guarantees but you should be able to get some idea of what they're like when you look round).
Good luck, I hope that you get your deposit back.v
Df

Miranda25

Thank you Dancingfairy.
Would it be different to get deposit back if I am a tenant and not a lodger please? I mean would it be easier?

G_M

As a tenant, the law says a landlord must register the deposit in a recognised scheme. Which has a dispute resolution process.

See

* Deposits: payment, protection and return

Miranda25

Thank you G_M for your help.

baldelectrician

DCFC79 wrote: »

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.

Not always


Up here (Scotland) you can use the last known address as well as advertise (place a notice) in the court and local paper.
The notice of court is then deemed as served


This presumably is to catch people trying to hide.

Miranda25

Please kindly advise me what I can do.

My head tenant has a storage in the garden and my suitcases are inside this storage. I have to leave the house and get deposit back in 6 days. Just now I noticed that keys from storage disappeared and she does not know where the keys.
Does it mean that she will not return me back deposit due to my suitcases are still in the storage place? How I can protect myself in this case? I just feel that something tricky is going on.

Thank you for your help.

Miranda25

Shall I wait for actions from my lady landlord or shall I try to break the lock on storage? There is a master lock. What services could do it for me please? And I have 6 days left to do it. Thank you for your help.