Tenancy deposit dispute

Blue_sky101

Hi all. A friend of mine viewed a room in a shared house and accepted it. As she was in a rush and landlord was away, landlord agreed to let her move in as long as deposit and months rent was paid. The tenancy agreement was not signed and plan was do this on her return. She paid the £850 into landlord’s bank account.

She received the key and moved a few bags in but changed her mind the next day, as it was no longer needed. 

After she requested her payments back, landlord has said she’d emailed a receipt which said ‘no refunds’. My friend never received this.

Landlord has paid back rent upfront but not deposit as she claims she has now removed the advert. She is refusing to pay the deposit. 

My friend understands the landlord may keep a portion of the money equivalent to 24 hours rent, which is how long she had the keys.

Where does my friend stand on getting the deposit back?

any help is much appreciated.

theartfullodger

What did the tenancy agreement (I know not signed - doesn't need to be to be valid in England, doesn't even need to be on paper .. bonkers I know  ) state about such matters please? 

Think the landlord very probably holds all the cards: Unless there's a very very good reason (faults with description or flat etc  which she's already raised with landlord...)

But IANAL

BobT36

Was that a "holding deposit" (to take it off the market) or "tenancy deposit" (to cover landlord for damages at end of tenancy). 

Blue_sky101

BobT36 said:

Was that a "holding deposit" (to take it off the market) or "tenancy deposit" (to cover landlord for damages at end of tenancy). 

It was a tenancy deposit

MultiFuelBurner

What does the unsigned tenancy agreement say?

_Penny_Dreadful

Blue_sky101 said:

Hi all. A friend of mine viewed a room in a shared house and accepted it. As she was in a rush and landlord was away, landlord agreed to let her move in as long as deposit and months rent was paid. The tenancy agreement was not signed and plan was do this on her return. She paid the £850 into landlord’s bank account.

She received the key and moved a few bags in but changed her mind the next day, as it was no longer needed. 

After she requested her payments back, landlord has said she’d emailed a receipt which said ‘no refunds’. My friend never received this.

Landlord has paid back rent upfront but not deposit as she claims she has now removed the advert. She is refusing to pay the deposit. 

My friend understands the landlord may keep a portion of the money equivalent to 24 hours rent, which is how long she had the keys.

Where does my friend stand on getting the deposit back?

any help is much appreciated.

Is this a property with a resident landline? That would make your friend an excluded occupier rather than a tenant. 

Assuming she is a tenant rather than an excluded occupier then she took up occupation in my opinion meaning the tenancy started. Where has she got the idea that she can just hand the keys back 24 hours later and only pay rent equivalent to 24 hours worth? 

Blue_sky101

MultiFuelBurner said:

What does the unsigned tenancy agreement say?

She didn’t get to see the tenancy agreement she would have signed, but it was expected to be an AST

Blue_sky101

_Penny_Dreadful said:

Blue_sky101 said:

Hi all. A friend of mine viewed a room in a shared house and accepted it. As she was in a rush and landlord was away, landlord agreed to let her move in as long as deposit and months rent was paid. The tenancy agreement was not signed and plan was do this on her return. She paid the £850 into landlord’s bank account.

She received the key and moved a few bags in but changed her mind the next day, as it was no longer needed. 

After she requested her payments back, landlord has said she’d emailed a receipt which said ‘no refunds’. My friend never received this.

Landlord has paid back rent upfront but not deposit as she claims she has now removed the advert. She is refusing to pay the deposit. 

My friend understands the landlord may keep a portion of the money equivalent to 24 hours rent, which is how long she had the keys.

Where does my friend stand on getting the deposit back?

any help is much appreciated.

Is this a property with a resident landline? That would make your friend an excluded occupier rather than a tenant. 

Assuming she is a tenant rather than an excluded occupier then she took up occupation in my opinion meaning the tenancy started. Where has she got the idea that she can just hand the keys back 24 hours later and only pay rent equivalent to 24 hours worth? 

She was not an excluded occupier. The understanding was an AST would have been signed. 

It just seems harsh the landlord can keep a deposit equivalent to a months worth of rent for the room being let out for 24 hours, when no agreement was signed by either party.

anselld

Blue_sky101 said:

_Penny_Dreadful said:

Blue_sky101 said:

Hi all. A friend of mine viewed a room in a shared house and accepted it. As she was in a rush and landlord was away, landlord agreed to let her move in as long as deposit and months rent was paid. The tenancy agreement was not signed and plan was do this on her return. She paid the £850 into landlord’s bank account.

She received the key and moved a few bags in but changed her mind the next day, as it was no longer needed. 

After she requested her payments back, landlord has said she’d emailed a receipt which said ‘no refunds’. My friend never received this.

Landlord has paid back rent upfront but not deposit as she claims she has now removed the advert. She is refusing to pay the deposit. 

My friend understands the landlord may keep a portion of the money equivalent to 24 hours rent, which is how long she had the keys.

Where does my friend stand on getting the deposit back?

any help is much appreciated.

Is this a property with a resident landline? That would make your friend an excluded occupier rather than a tenant. 

Assuming she is a tenant rather than an excluded occupier then she took up occupation in my opinion meaning the tenancy started. Where has she got the idea that she can just hand the keys back 24 hours later and only pay rent equivalent to 24 hours worth? 

She was not an excluded occupier. The understanding was an AST would have been signed. 

It just seems harsh the landlord can keep a deposit equivalent to a months worth of rent for the room being let out for 24 hours, when no agreement was signed by either party.

Signature or not makes no difference, there was a valid contract which she has broken after 24 hours.
The Landlord has consequential costs .. re-letting fees, referencing, void period of unknown length etc, etc.  it would be extremely "harsh" only to charge 24hours rent.  It is not a hotel.

MultiFuelBurner

Sadly a verbal.contracy in the UK is enough and if the Landlord were to lie it's they said/they said.

Might just have to chalk this one up.to experience.

But worth suggesting you will make a.money claim online against the landlord if they don't refund the deposit.

_Penny_Dreadful

Blue_sky101 said:

_Penny_Dreadful said:

Blue_sky101 said:

Hi all. A friend of mine viewed a room in a shared house and accepted it. As she was in a rush and landlord was away, landlord agreed to let her move in as long as deposit and months rent was paid. The tenancy agreement was not signed and plan was do this on her return. She paid the £850 into landlord’s bank account.

She received the key and moved a few bags in but changed her mind the next day, as it was no longer needed. 

After she requested her payments back, landlord has said she’d emailed a receipt which said ‘no refunds’. My friend never received this.

Landlord has paid back rent upfront but not deposit as she claims she has now removed the advert. She is refusing to pay the deposit. 

My friend understands the landlord may keep a portion of the money equivalent to 24 hours rent, which is how long she had the keys.

Where does my friend stand on getting the deposit back?

any help is much appreciated.

Is this a property with a resident landline? That would make your friend an excluded occupier rather than a tenant. 

Assuming she is a tenant rather than an excluded occupier then she took up occupation in my opinion meaning the tenancy started. Where has she got the idea that she can just hand the keys back 24 hours later and only pay rent equivalent to 24 hours worth? 

She was not an excluded occupier. The understanding was an AST would have been signed. 

It just seems harsh the landlord can keep a deposit equivalent to a months worth of rent for the room being let out for 24 hours, when no agreement was signed by either party.

Then your friend understands incorrectly.  An AST doesn't have to be in writing, just the fact that she paid rent in exchange for exclusive occupation of the room and took up occupation albeit it for 24 hours was enough to create an AST.  It might seem harsh on your friend but the landlord has advertised the property, referenced your friend and just 24 hours later is faced with doing the whole thing again.  How would your friend feel if after 24 hours the landlord turned round and went, "oops, I made a mistake, you need to move out?" 

There is a limit to what a landlord can charge tenants though thanks to the Tenant Fees Act 2019.

https://www.gov.uk/government/collections/tenant-fees-act