Can't get deposit back for Propery with False lodger Agreement

Katsipanos

I moved out of a property over a month ago that I had signed a lodger agreement for. The house had 4 bedrooms and a shared living room and kitchen. The landlord never lived at this property, and at one point there were 4 unrelated people living there. Since I moved out there is now only one person living there. There was never an HMO assigned to the property.


After I moved out I contacted the landlord about my £500 deposit. I left the place cleaner than I found it so was expecting all of the deposit back, but I have had no response from the landlord. It's been over a month now and I have sent lots of messages to no avail. I'm very worried that I won't get my £500 back, and I don't know if this is a lost cause or if I have grounds to somehow get my deposit back.


Any advice would be greatly appreciated!

[Deleted User]

Katsipanos wrote: »

I moved out of a property over a month ago that I had signed a lodger agreement for. The house had 4 bedrooms and a shared living room and kitchen. The landlord never lived at this property, and at one point there were 4 unrelated people living there. Since I moved out there is now only one person living there. There was never an HMO assigned to the property.


After I moved out I contacted the landlord about my £500 deposit. I left the place cleaner than I found it so was expecting all of the deposit back, but I have had no response from the landlord. It's been over a month now and I have sent lots of messages to no avail. I'm very worried that I won't get my £500 back, and I don't know if this is a lost cause or if I have grounds to somehow get my deposit back.


Any advice would be greatly appreciated!

It sounds as if you were really a tenant and not a lodger. Stop sending messages and put pen to paper. Send your former landlord a letter before action requesting the full return of your deposit within the next 10 days.

Katsipanos

Lover_of_Lycra wrote: »

It sounds as if you were really a tenant and not a lodger. Stop sending messages and put pen to paper. Send your former landlord a letter before action requesting the full return of your deposit within the next 10 days.

I don't have an address for them as they were supposed to be living at the house I was renting, but would a formal email suffice??

[Deleted User]

Katsipanos wrote: »

I don't have an address for them as they were supposed to be living at the house I was renting, but would a formal email suffice?

Not really. If you end up have to take your former landlord to court you will need an address, not an email address, in order to submit your claim. I suppose you could use the rental address since that's where your landlord claimed to be living but I'm not sure how effective that will be in getting your £500 back.

tom9980

Lover_of_Lycra wrote: »

Not really. If you end up have to take your former landlord to court you will need an address, not an email address, in order to submit your claim. I suppose you could use the rental address since that's where your landlord claimed to be living but I'm not sure how effective that will be in getting your £500 back.

It will be very effective if the "Landlord" owns the property since that is an asset a charge can be placed upon. Use MCOL to sue using the address in question should be no problem.

Personally i would start by talking to housing at the council to report this possibly illegal HMO.

DCFC79

How did you come by the property ?


An estate agent ?
or an ad in the paper ?

Katsipanos

DCFC79 wrote: »

How did you come by the property ?


An estate agent ?
or an ad in the paper ?

I just moved to England and couldn't view a property before moving in, so I used the SpareRoom app because I thought it would be easier.

MiserlyMartin

To the OP, did you ever get your deposit back?? My situation is nearly the same as yours. I rented a room in a house under a lodgings agreement, landlord not resident while I was there, though they often popped in to check on the house and use the shower (that I was paying for as I was paying the prepayment meters!) . I've called and texted to no avail  - it's been about 4 months now. Is my only option the small claims court?  I don't have the LL address, can still I take them to the small claims court, without the address? Owner of house is her husband but he is away out of the country I think... I do have the written room rental agreement signed by both parties and a rent book.  Anyone else advise me on this? Its a lot of money!

macman

No, you need an address for service, which must by law be stated in your tenancy agreement. Was the deposit not protected?
If the LL didn't live there, then you were a tenant in an HMO, not a lodger, so can sue for non-protection.

greatcrested

You can sue for your deposit,plus for the penalty for not protecting it as you were a tenant, not a lodger (landlord not resident).

See

Post 3: Deposits: Payment, Protection and Return.

However you will need an address to serve the court papers. If you have no other address for the LL, use the property address.

Start with a 'Letter Before Action' giving 5 days for him to pay, then use moneyclaimonline

csgohan4

OP i feel for you, I got scammed on Gumtree many years ago, you live and learn. As above use MCOL, but I wouldn't hold your breathe to get that money back practically speaking.