Renters debt

bethany24

Hello all,
I was renting a room in a house with a live in land lady. I was there for about 3 weeks before lockdown was announced. When the CV news began to hit the UK she became really conscious ( understandably), as I was too. I was doing everything I could to stay safe, as to not being any risk to her. She made a plan so we could avoid each other in the house, which I agreed to and took seriously. However, that began to limit my access to the communal areas in the house. For example, she would be in kitchen for many hours, which would mean I couldn’t go in. Then if I was in the kitchen she made a point that I had to be in and out within about 30mins max. Whenever I was in the kitchen she would either text me or shout into the kitchen insisting that she needed to go in, meaning I had to leave. Many other things like this were happening. She was constantly messaging me up to 5-10 times a day giving me updates about CV and house hold issues, which I found completely unnecessary. When lock down was officially announced I decided it would be best to stay with family as this living situation was already very intense, it was bound to get worse. I emailed asking if I could end the arrangement early, giving a months notice, which was in our contract. I asked about the situation with the deposit before I made any further payments as I was advised that due to the fact that no evidence was given as to my deposit was in a secure holdings deposit, that needed to be sorted first. She didn’t reply to this and instead insisted that I pay the rent. I was confused as to why she was so demanding of the months rent without willing to give me confirmation about my deposit, which was the price of a months rent. Eventually she decided on using an independent debt collector to demand the rent of me. Still no idea what is happening with my deposit. I have contacted an independent legal advice myself. Who are looking into the options for me. Any help/ advice/ more information as to what I can do would be greatly appreciated. 

sourcrates

Hi,

Dealing with debt collectors is an area I am very familar with, you do not have to pay them anything, they are acting as a 3rd party collector, on behalf of your landlady, they do not own the debt, so you can quite legally and legitimity, ignore them, despite what they may say to you.

Confirm whats going on with your deposit before paying anything else.

poppy10_2

You'd be better off posting in the housing board regarding the legalities of ending the contract as a lodger

sourcrates

poppy10_2 said:

You'd be better off posting in the housing board regarding the legalities of ending the contract as a lodger

Good point, i will move this for you.

hb2

As a lodger, your deposit doesn't need to have been held in a scheme. Has your ex LL given you a reason for not returning it, or has she just gone silent?

greatcrested

As hb2 says, the deposit does not need to be protected for lodgers.

Can you clarify:

* the contract specified 1 months notice yes? One month or 4 weeks?

* was rent paid weekly or monthly?

* what date did you last pay rent? To cover what period (eg 1st April to cover 1- 30th April)?

* what date did you serve notice? To expire on what date?

* is the LL witholding your deposit to cover damage? Or rent in lieu of notice?

But legality aside, she sounds like a nightmare. The relationship had broken down and it was clearly better for you both for the contract to end asap.

One option might be to move back in (assuming the disputed deposit money covers an ongoing occupation period) and see out your notice. Use the kitchen as much as you want- she'll soon compromise in order to be rid of you......!

Maria2000

poppy10_2 said:

You'd be better off posting in the housing board regarding the legalities of ending the contract as a lodger

This is the housing board for now, the debate board is temporarily closed

saajan_12

bethany24 said:

Hello all,
I was renting a room in a house with a live in land lady. I was there for about 3 weeks before lockdown was announced. When the CV news began to hit the UK she became really conscious ( understandably), as I was too. I was doing everything I could to stay safe, as to not being any risk to her. She made a plan so we could avoid each other in the house, which I agreed to and took seriously. However, that began to limit my access to the communal areas in the house. For example, she would be in kitchen for many hours, which would mean I couldn’t go in. Then if I was in the kitchen she made a point that I had to be in and out within about 30mins max. Whenever I was in the kitchen she would either text me or shout into the kitchen insisting that she needed to go in, meaning I had to leave. Many other things like this were happening. She was constantly messaging me up to 5-10 times a day giving me updates about CV and house hold issues, which I found completely unnecessary. 

- So you still had ability to prepare food etc, albeit not in what you found a comfortable way. The messages don't sound like they rise to the level of harrassment, but you can report if you feel they do. All in, a tense, unpleasant living situation but not unliveable. You lodging contract stands, you may wish to leave and should give notice / pay rent per the contract. 

When lock down was officially announced I decided it would be best to stay with family as this living situation was already very intense, it was bound to get worse. I emailed asking if I could end the arrangement early, giving a months notice, which was in our contract. - what was the contract: any fixed term (since you say end 'early')? Full clause mentioning notice?
I asked about the situation with the deposit before I made any further payments as I was advised that due to the fact that no evidence was given as to my deposit was in a secure holdings deposit, that needed to be sorted first. She didn’t reply to this and instead insisted that I pay the rent. I was confused as to why she was so demanding of the months rent without willing to give me confirmation about my deposit, which was the price of a months rent. - No need to place a lodger's deposit in a scheme. The advise sounds irrelevant, LL sounds correct. You should continue paying rent and the deposit would usually be returned after you have left and rent arrears / property damage checked. 
Eventually she decided on using an independent debt collector to demand the rent of me. Still no idea what is happening with my deposit. I have contacted an independent legal advice myself. Who are looking into the options for me. Any help/ advice/ more information as to what I can do would be greatly appreciated. 

I would check the contract and serve notice accordingly. The living situation doesn't sound pleasant, but also doesn't rice to the level of being unliveable. Pay your rent per the contract and wait until you have moved out to request your deposit back. If it isn't forthcoming, you know the LL's address etc, so shouldn't have issues with recovery. 

Marvel1

If you are still living there, ignore her demands to leave the kitchen when you are there already, don't rush.

If she wants to end early, then shouldn't pay an additional rent to beyond moving out as she wanted it.

steampowered

The landlord didn't need to protect your deposit as you were a lodger.

As you didn't give a month's notice, the starting position is that you are liable for a month's rent - presumably offset against the deposit. 

However, given the landlord's unreasonable behaviour, you might be able to say that she was in breach of contract entitling you to terminate your contract with her with immediate effect; in which case the deposit would be refundable. If you have a lodger agreement make sure to have a read to see if there is anything in there you can use.