Lodger legal rights without inventory, no deposit protection and expired agreement

Michy78

Hello,
There are things that i cannot prove or video. For example sometimes the washing machine does not spin or the sliding door is faulty since day one.
I always paid my rent and also the deposit from my to her bank account by bank transfer

theartfullodger

Please, 'phone Shelter

MobileSaver

MaryNB said:

Since she's lived elsewhere for a considerable amount of time she probably should have given you a proper tenancy agreement. From what I've read it's a bit of a grey area with regards live-in landlord who spends a lot of time away from the property. The pandemic has been going on for over a year and it would be hard for her to argue that it's her main residence.

In normal times I would agree but with the local and global travel restrictions that have been in force over the last 15 or so months I think it would be unlikely in the extreme that an English court would penalise the landlord in this case.

dimbo61

You are paying cheap rent for the whole property !
Without knowing where you live many areas are suffering a shortage of rental properties ( not London )
Good luck in finding a new home 

Michy78

Thank you all for your advice. My landlord was not struck anywhere , she decided to stay in Ghana as it was much safer than going back here and she has a business there .
I have made the decision and i gave my landlord  a formal notice of 1 month today via email as per contract and told her that i would like to use my deposit toward the last month rent. I stated all the maintenance work i have done in the house and garden at my own expenses although i am not responsible for it . I took videos and pictures of my room and common areas and told her which things needs addressing. I have been open and honest with her, my conscience is clear but i was forced not to leave her with my deposit as she will make up something and accused of unfounded actions as she did on several occasions in the past. Considering that the house has not been refurbished for donkey years , there are things that as part of tear and wear , will break or get faulty but i am not prepared to get blamed for it .As she made the decision not to do the inventory although she stated she would  and she left my deposit unprotected , as a lodger i simply don't have basically any legal rights on my side and i will have to go through so much stress to deal afterwards. So if she wants to take legal actions she can do that as i will be prepared to bring all the evidence i got to prove myself. It is very sad that i have to take this decision to use my deposit towards my last month of rent even if she disagrees.I  never did this before in 22 years of renting but in this case i have no choice and i don't owe her anything.

Michy78

Thank you all for your advice. My landlord was not struck anywhere , she decided to stay in Ghana as it was much safer than going back here and she has a business there .
I have made the decision and i gave my landlord  a formal notice of 1 month today via email as per contract and told her that i would like to use my deposit toward the last month rent. I stated all the maintenance work i have done in the house and garden at my own expenses although i am not responsible for it . I took videos and pictures of my room and common areas and told her which things needs addressing. I have been open and honest with her, my conscience is clear but i was forced not to leave her with my deposit as she will make up something and accused of unfounded actions as she did on several occasions in the past. Considering that the house has not been refurbished for donkey years , there are things that as part of tear and wear , will break or get faulty but i am not prepared to get blamed for it .As she made the decision not to do the inventory although she stated she would  and she left my deposit unprotected , as a lodger i simply don't have basically any legal rights on my side and i will have to go through so much stress to deal afterwards. So if she wants to take legal actions she can do that as i will be prepared to bring all the evidence i got to prove myself. It is very sad that i have to take this decision to use my deposit towards my last month of rent even if she disagrees.I  never did this before in 22 years of renting but in this case i have no choice and i don't owe her anything.Type your comment

getmore4less

if you were liaising with the brother over the mail and communication why where you not all over him about getting stuff fixed.

I would think she is taking a bigger risk of creating a tenancy if planning to rent a room when not been in the property for over  year  and id as you suspect they return leave again shortly after this visit.

Anyway (I think) you may be overthinking, you are a lodger.

Given notice, set up mail forwarding, use the deposit for rent, clean up, lock up give the brother the keys with witness, optionally no forwarding address. 

It changes from you having to chase for your deposit to her having to chase you for any damages with little or no evidence.
(If planning to leave again from overseas or have her brother pursue it)

With your paper trail of requests to get things fixed you should be able to counter any claim not sure how a judge(If it went tht far) would view a claim against a lodger from an absent owner(non occupier).

saajan_12

Michy78 said:

Thank you all for your advice. My landlord was not struck anywhere , she decided to stay in Ghana as it was much safer than going back here and she has a business there .
I have made the decision and i gave my landlord  a formal notice of 1 month today via email as per contract and told her that i would like to use my deposit toward the last month rent. ...  I have been open and honest with her, my conscience is clear 

In the same sentence, stick to contract when it suits you and breach it when it suits you.. Well its great for you that you can make up your morals like that. 
The rest of it is all irrelevant eg inventory and protection, as she has no obligation to, and your repairs are your choice to make the place you live nicer for you instead of reporting to LL. A court will decide whether you really owe her nothing, unfortunately your opinion doesn't do it.