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

AdrianC

You could have signed a lodger agreement or not - it makes no difference. You were not a lodger. Since you did not sign any valid tenancy, a standard AST is presumed to exist, and that requires any deposit to have been protected.

No protection, nothing is claimable against it. You can claim for the full deposit back through moneyclaimonline - it's very straightforward.

aneary

It doesn't matter what agreement you were given you were a tenant.

Svont

Thank you.

Guest101

Svont wrote: »

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.

It doesn't matter. He cannot change your status with a contract. Your status as a tenant is guaranteed under law.

aneary

I would send a letter before action letter to him first give him 14 days to respond if he doesn't or doesn't respond with a cheque start the action.

FBaby

How was the place advertised? Did the LL ever lived there at all? Why didn't you question him giving you a lodger agreement? What does the agreement say? That you have access to all the communal rooms? Anything about your bedroom specifically? Was any of his belongings there?

Mainly, can you evidence that he never lived there with you?

aneary

I'd say the one bedroom flat bit would suggest that the LL didn't live with him, unless actually I won't go there.

ThePants999

Some of the answers here have the wrong focus IMO. I do agree that you were a tenant regardless of what you signed, but lodger vs tenant is irrelevant to the return of a deposit - he owes you the deposit back either way. Lodger vs tenant merely affects whether he was legally required to put it in a protection scheme, though admittedly as a tenant this means you can ALSO sue him for not protecting it. But a tenant whose landlord neither protected nor returned their deposit has the same action open to them as a lodger whose landlord hasn't returned their deposit - LBA and small claims court.

sevenhills

ThePants999 wrote: »

Some of the answers here have the wrong focus IMO. I do agree that you were a tenant regardless of what you signed, but lodger vs tenant is irrelevant to the return of a deposit - he owes you the deposit back either way. Lodger vs tenant merely affects whether he was legally required to put it in a protection scheme, though admittedly as a tenant this means you can ALSO sue him for not protecting it. But a tenant whose landlord neither protected nor returned their deposit has the same action open to them as a lodger whose landlord hasn't returned their deposit - LBA and small claims court.

Is it the local authority that relates these matters; you could tell him you will inform the authorities. If that does not work, a small claims court, not a big enough amount for a solicitor to bother with.

stator

Write a letter before action and get proof of postage. If he doesn't reply take him to court.
Don't over complicate things with your life story. Keep it short and sweet and full of facts only.