Landlord had me under a lodgers agreement but, I was a tenant!!!!!!!!!!

Svont

I rented a one bedroom flat from a 'live out landlord' who gave me a lodgers agreement (I found the flat on spareroom & at the time just assumed this was there standard model of contract as it said spareroom at the top of agreement). The agreement is an excluded licence which was obviously for a lodger who lives in a property with the owner which I did not. The landlord refused to give me my deposit back on my move out date & has blocked me since the 30th. What can I do? Some solicitors don't want to touch my case because I have an excluded licence but, my landlord has broken the law surely? Has he set this agreement up also to avoid declaring his full income as he is falsely stating it is from a lodger? He wanted cash payments from me and then got angry when I said I wanted to pay them via the bank he agreed in the end but, not smoothly.

Guest101

The only law relevant is the lack of deposit protection.


He may have tried to claim you were a lodger, but you weren't.


(are these solicitors housing specialists, they should know this!)

Svont

You don't have to protect it unless its an assured shorthold...I'm getting such anxiety about this.

Guest101

Svont wrote: »

You don't have to protect it unless its an assured shorthold...I'm getting such anxiety about this.

.... yes that's what you had.


You had two things:
1: a tenancy, not written down
2: a worthless piece of paper


I appreciate you are anxious, but if you disregard what I'm saying, you are only going to hinder yourself.

Svont

Will the courts see this though? Because every solicitor so far has said I must do it alone at a small claims court! I do not want to loose the battle as my grandad had to lend me the deposit for my new place or me and my son would have been homeless. I must pay my grandad back as that money I worked for.

Guest101

Svont wrote: »

Will the courts see this though? Because every solicitor so far as said I must do it alone at a small claims court! I do not want to loose the battle as my grandad had to lend me the deposit for my new place or me and my son would have been homeless. I must pay my grandad back as that money I worked for.

Yes, as long as you prepare your case correctly. The courts can only act on what you give them.


HOWEVER that is just about the deposit protection. I cant comment on him keeping the actual deposit as he may be right to do so - you may have damaged things etc. I don't know. (did you take photos?)


Deposit protection is not claimed via the small claims court, only the original deposit is.

Svont

I have photos yes. Also about me paying my deposit cash in hand and my first few months of rent cash in hand until I felt uneasy and asked for it to be in bank.

Svont

solicitors are saying a lodgers agreement doesn't need protection and I am like yes but, I was not a lodger.

aneary

I applied via the small claims court in the same situation, although the piece of paper I got wasn't a lodgers agreement it was something else which was basically a bit of rubbish but the LL 's defence was I had signed a lodger's agreement (I hadn't actually signed anything).

In the end I got my deposit back prior to the court date I could have got 1-3 x the deposit due to lack of protection but the LL lived in Ghana and I thought accepting the deposit was the easiest thing at the time.

It's very easy to apply via the small claims court, don't mention the agreement you signed it isn't relevant just the lack of deposit protection and not receiving your deposit back.

Afterwards maybe report him to HMRC you can do it online and you don't have to give your details.

Guest101

Svont wrote: »

solicitors are saying a lodgers agreement doesn't need protection and I am like yes but, I was not a lodger.

Exactly, but if you pardon me, you may not be expressing yourself in the right way. The agreement simply makes it more confusing.


And to be honest a solicitor will cost you more than you'll get back.

Svont

Won't they need to know he issued the wrong agreement to me? It was the first time I was renting and I was moving quickly I feel such a fool for not noticing it was for a lodger.