landlord didn't register my studio flat deposit with deposit scheme because it's 'a license'

bobbidyboo

I moved out several months ago & have still not received my deposit back despite sending many reminders to the landlord (a company). Apparently they're short-staffed.

I asked for the deposit protection scheme many many times, being ignored constantly- and eventually being told this: "The deposit is not registered under any scheme as you held a licence agreement which does not require the deposit to be registered."

Teeny tiny studio flat, about 15m2. I had a studio flat with my own kitchen area (sink, hob, microwave, cupboards) in the room (in same room as my bed), en-suite bathroom, and my studio flat had its own lock on the door. It was in a large 4-floor building with around 20 similar self-contained studios each with their own lock on the door. There was also a "shared kitchen" which I was never given a key to access. Shared laundry room & lounge in the basement. I lived there for over 6 months, it was my permanent residency 24/7.

Does anyone know:
1. what's the law regarding this?
2. do I have a leg to stand on?
3. how should I proceed next given the lack of replies from the landlord company

nb. I withheld half a month's rent because of the rumours that they don't return deposits and just blank tenants after moving out.

The rent was quite substantial to me- around £1700 per month. Yet it was the cheapest in the area!

I read somewhere that license agreements can't apply to permanent self-contained flats where you stay more than 2 months and have your own space with a lock. Is this true?

Thanks- help appreciated from anyone who is in the know regarding this.

Not sure which category to put this post in so selected "Renting". Anyone know of any other rental law specific forums I might be able to get more help? Not sure what I can do even if it's illegal as I'm not exactly in a good life position right now to fight a legal battle...

elsien

You can use this to check whether it falls under tenancy or license.
https://england.shelter.org.uk/housing_advice/downloads_and_tools/tenancy_checker

Grumpy_chap

What did your rental agreement for the property actually say?
Was it AST tenancy?
Was it written as "licence"?

bobbidyboo

Grumpy_chap said:

What did your rental agreement for the property actually say?
Was it AST tenancy?
Was it written as "licence"?

It said license, but national law trumps contract law... so if it doesn't match licensing rules and falls under AST rules, apparently it's still an AST despite signing a license?

bobbidyboo

elsien said:

You can use this to check whether it falls under tenancy or license.
https://england.shelter.org.uk/housing_advice/downloads_and_tools/tenancy_checker

I checked that link and it said:

"You're likely to have an assured shorthold tenancy (AST)

An AST is the most common type of private rented tenancy.

You usually have an AST if:

• your tenancy started on or after 28 February 1997

• you don't share any rooms with your landlord and they live elsewhere"

However, "usually" isn't "definitely", and from doing research online there are a lot of contradictions out there:

1. Landlord doesn't share any rooms in my flat. This might mean it isn't allowed to be a license.
2. Landlord obviously doesn't live in the building as he owns many buildings (mansion blocks) around the world and hires a company to manage them all- he wouldn't choose to live in a run-down building of tiny studio flats, but my guess is if faced with a legal battle his lawyers would argue his "main residence" is in the same building and that the communal lounge & laundry rooms count as "shared spaces". This might mean it is allowed to be a license
3. flat has its own lock & I lived there alone 24/7 for over 6 months. This might mean it isn't allowed to be a license.
4. in recent years, councils tend to only count bathrooms or kitchens as shared spaces, not lounges or laundry rooms. This could mean it isn't allowed to be a license.
5. Landlord could argue he shares a kitchen and that I had access to it (although in reality, I wasn't given a key & wasn't allowed to use it, I can't prove it). This might mean it is allowed to be a license.

Quite confusing. I never knew about this grey area in law. There always seems to be a catch-all. Certainly wouldn't want to enter into a legal battle with a multi-millionaire (probably billionaire going by the mansion blocks he owns in central london). Live & learn...

bobbidyboo

PS- anyone know of any decent rental forums out there that specialise in these types of issues? Would be good to get to the bottom of this

Continental

@bobbidyboo

Try the Residential Lettings forum on

www.landlordzone.co.uk

_Penny_Dreadful

bobbidyboo said:

I moved out several months ago & have still not received my deposit back despite sending many reminders to the landlord (a company). Apparently they're short-staffed.

I asked for the deposit protection scheme many many times, being ignored constantly- and eventually being told this: "The deposit is not registered under any scheme as you held a licence agreement which does not require the deposit to be registered."

Teeny tiny studio flat, about 15m2. I had a studio flat with my own kitchen area (sink, hob, microwave, cupboards) in the room (in same room as my bed), en-suite bathroom, and my studio flat had its own lock on the door. It was in a large 4-floor building with around 20 similar self-contained studios each with their own lock on the door. There was also a "shared kitchen" which I was never given a key to access. Shared laundry room & lounge in the basement. I lived there for over 6 months, it was my permanent residency 24/7.

Does anyone know:
1. what's the law regarding this?
2. do I have a leg to stand on?
3. how should I proceed next given the lack of replies from the landlord company

nb. I withheld half a month's rent because of the rumours that they don't return deposits and just blank tenants after moving out.

The rent was quite substantial to me- around £1700 per month. Yet it was the cheapest in the area!

I read somewhere that license agreements can't apply to permanent self-contained flats where you stay more than 2 months and have your own space with a lock. Is this true?

Thanks- help appreciated from anyone who is in the know regarding this.

Not sure which category to put this post in so selected "Renting". Anyone know of any other rental law specific forums I might be able to get more help? Not sure what I can do even if it's illegal as I'm not exactly in a good life position right now to fight a legal battle...

Initially I wondered if you had another home elsewhere which would potentially mean you could not have a AST but you say this studio was your main residency.  You don't happen to have a spouse living elsewhere in the marital home do you?

theartfullodger

Does landlord also live in same building?  If so common law tenancy, if not AST.  Never (almost) a licence.

ProDave

You say you withheld half a months rent.  How does half a months rent compare to the deposit?