Problem with deposit

Pixie5740

How did you find this room to rent? Who offered the room to you? Who told you to pay your rent to the person you describe as the agent?

G_M

We need moe information about the legal set-up.

However, by the sound of it

* the original 'middleman' was a tenant, with a contract with the owner (his landlord)
* he sublet a room to you, took your deposit, and charges you rent. He is your landlord
* you appear to live with him. Therefore you are his lodger, not his tenant
* as a lodger, your landlord (the middleman) does not have to protect your deposit.

The arrangement with the new 'middleman is less clear however.

best advice is to not anticipate getting your deposit back, so withold final rent instead.

mimik1

Pixie5740 wrote: »

How did you find this room to rent? Who offered the room to you? Who told you to pay your rent to the person you describe as the agent?

I found it on gumtree, this middlemen (agent) offered the room for me and he collected everyone's rent. He lived in this house but now his room is empty because he has disappeared.

Pixie5740

Then as I suspected earlier in this thread the person you refer to as the middleman was your landlord and you were his lodger (excluded occupier). You paid your deposit to him so he is the one responsible for returning it to you.

When he left you started paying your rent to someone else living in the property so that person became your landlord and you his lodger (excluded occupier).

You have no contract with the owner of the property. He had no responsibility to protect your deposit and does not have to return your deposit. Your deposit has nothing to do with him.

Where is this second person you have been paying your rent to now? Has he left the property as well or is he still living there?

mimik1

G_M wrote: »

We need moe information about the legal set-up.

However, by the sound of it

* the original 'middleman' was a tenant, with a contract with the owner (his landlord)
* he sublet a room to you, took your deposit, and charges you rent. He is your landlord
* you appear to live with him. Therefore you are his lodger, not his tenant
* as a lodger, your landlord (the middleman) does not have to protect your deposit.

The arrangement with the new 'middleman is less clear however.

best advice is to not anticipate getting your deposit back, so withold final rent instead.

1. Yes he was a tenant. I don't know what contract he had with the owner.
2. Yes, he collected everyone's rent and paid all bills.
3. No, he no longer lives with us. His room is empty at the moment. Like I mentioned before, he has disappeared 1 month ago and nobody knows where he is or when is he coming back.
4. The real landlord, the owner of the house, he doesn't live with us.

mimik1

Pixie5740 wrote: »

Then as I suspected earlier in this thread the person you refer to as the middleman was your landlord and you were his lodger (excluded occupier). You paid your deposit to him so he is the one responsible for returning it to you.

When he left you started paying your rent to someone else living in the property so that person became your landlord and you his lodger (excluded occupier).

You have no contract with the owner of the property. He had no responsibility to protect your deposit and does not have to return your deposit. Your deposit has nothing to do with him.

Where is this second person you have been paying your rent to now? Has he left the property as well or is he still living there?

Yes, everything is correct here. The second person lives with us, but he doesn't have any deposit. I've paid my rent to him only once so far and my rent was due three days ago. After I told him that I want to move out and use my deposit he said it shouldn't be the problem, but he needs to speak with the landlord. And yesterday the owner of the house came knocking on my door and asking for my rent and he mentioned the same thing that he is not responsible for my deposit.

Guest101

mimik1 wrote: »

Yes, everything is correct here. The second person lives with us, but he doesn't have any deposit. I've paid my rent to him only once so far and my rent was due three days ago. After I told him that I want to move out and use my deposit he said it shouldn't be the problem, but he needs to speak with the landlord. And yesterday the owner of the house came knocking on my door and asking for my rent and he mentioned the same thing that he is not responsible for my deposit.

Legally they're right.


Unfortunately your deposit is gone. (I would report this person to the police for theft - it's not a civil matter )

Pixie5740

It's not really up to the owner. It's up to his tenant (the person you pay your rent to) to ensure that he pays the rent due. If your landlord (the tenant) wants to pursue you for arrears that his look out. Similarly if his landlord (the owner) wants to pursue him for rent arrears that's his look out. Keep in mind though that it's very easy for a landlord (the tenant) to evict an excluded occupier (you).

mimik1

Pixie5740 wrote: »

It's not really up to the owner. It's up to his tenant (the person you pay your rent to) to ensure that he pays the rent due. If your landlord (the tenant) wants to pursue you for arrears that his look out. Similarly if his landlord (the owner) wants to pursue him for rent arrears that's his look out. Keep in mind though that it's very easy for a landlord (the tenant) to evict an excluded occupier (you).

So what about the first person who took all deposits? There are 5 people in total in this house and he took deposits from all of us (including the second person who is now responsible paying to the landlord). I don't know what contract/if any he had with the owner.

If they decide to evict me, how long is it going to take if i don't have any contract with them? My deposit was not protected, so i guess this is irrelevant right now because the first person was responsible for it. I haven't told him about my decision yet, but after I tell him that I won't pay my rent for that last 3 weeks, he probably will take some action. I need to hold on till 18th of June. I'm moving out of the city, so they won't see me again.

Pixie5740

Nobody is seeing their deposit back unless they can track down the person who took the deposits and successfully sue him in small claims court.

Whoever started collecting your rent became your landlord. If he wants to evict you for not paying your rent all he has to do is give you reasonable notice to move out.

If the owner wants to take action against his tenant (that's the person who pays him the rent) for arrears that's between them.