Lodgers agreement help

esquisse1

propertyrental said:

Follow the link I gave you above to check if the deposit was protected, but it seems very unlikely.

If it is not, you can claim the penalty for non-protection (up to 3 times the deposit in England).

Thanks, most likely it was not as I did not get any emails about that. Did not really want to claim anything, wanted to leave his place on a good terms.

pinkshoes

esquisse1 said:

And landlord never lived in the property, he even advertise it as live out landlord. I left the place already, he was ignoring my calls and emails... did let him know via email that im not going to extend my contract and will leave little earlier than my terms.

There is no such thing as a "live out" landlord when it comes to lodgers. 

If he does not live with you, then you are a TENANT, not a lodger, and many more rules apply for letting out properties to tenants rather than having a lodger. 

This basically means you in a very strong position to just move out at the end, so just contact the LL in writing letting him know (again) that as per your tenancy agreement, you will be moving out at the end of the fixed period. 

Then state that you look forward to receiving your deposit back in FULL as soon as possible. 

If he doesn't return the deposit in full, then you just send a letter before action giving him 14 days to return it in full, otherwise you will sue him for 3 times the deposit amount as he failed in his legal duty to protect it.

macman

And I'd mention that you may also find it necessary to report him to EH for non-supply of a GSC. The penalty being a potentially unlimited fine and a custodial sentence. 
That should serve to soften his resistance to returning your deposit.

propertyrental

macman said:

And I'd mention that you may also find it necessary to report him to EH for non-supply of a GSC. The penalty being a potentially unlimited fine and a custodial sentence. 
That should serve to soften his resistance to returning your deposit.

Not EH, it's the HSE (though does not detract from your point) via form LGSR1.

See
https://www.hse.gov.uk/gas/domestic/faqtenant.htm

LegallyLandlord

Wow. Sounds like a rogue landlord operating an unlicensed HMO who is in breach of numerous laws that are designed to protect tenants. 

Was this your principal residence for the 2 months? Why did you only need it for 2 months. He might have a get out if it wasn’t. But then it’s likely he’s in breach with the other tenants. 

Shelter are really good for advice. 

You could also report him to the council after you leave who should bring enforcement proceedings against him. 

esquisse1

LegallyLandlord said:

Wow. Sounds like a rogue landlord operating an unlicensed HMO who is in breach of numerous laws that are designed to protect tenants. 

Was this your principal residence for the 2 months? Why did you only need it for 2 months. He might have a get out if it wasn’t. But then it’s likely he’s in breach with the other tenants. 

Shelter are really good for advice. 

You could also report him to the council after you leave who should bring enforcement proceedings against him. 

I was there over a year, but when my contract was coming to an end, I just asked to extend for 2 more months.
I already spoke to shelter and they explained me everything + they had a look at the agreement. So now I know what to tell my landlord. If he decides to speak to me at some point...

AliceBanned

So you were a good tenant for 14 months and he treats you like this?! Take him to the cleaners.

Councils have powers to protect tenants and can issue proceedings against him - or at least they should, to protect future tenants as well as yourself. I wouldn’t worry about ending on ‘good terms’ as he may well be taking advantage knowing that you don’t want conflict. It’s a legal matter so let Shelter or CAB help you. Shelter are very good but will take time due to limited resources.