Lodgers Deposit Return, didn’t sign contract

theartfullodger

Contract does not need to be signed or even in writing (England, bonkers I know, other countries do this better).

IMHO you have a contract, agreed, you "took possession"  (left stuff there..).  Say bye-bye to the deposit.

You are, of course, at liberty to take landlord to small claims: But I'm confident they will find for the landlord.

Sorry. 

master12rebac

master12rebac said:

propertyrental said:

master12rebac said:

Hi,

I put down a deposit (1 month rent) for a room in a house intending to move in and stay there for 12 months.

Please clarify. Was this

a) a holding deposit, to reserve the property?

b) a security deposit to be held in case you cause damage etc?

c) advance rent?

I suspect it was a) above in which case the 'Tenant Fees Act' -prohibits holding deposits of more than 1 weeks rent. See guidance below. P43 applies to holding deposits and P6 explains enforcement.

Did you get a receipt and what (exactly) does it say?

The lack of signiture on the contract is irrelevant - you clearly created a contract by moving belongs in - the terms of that contract would be as supplied to you.

I'm not sure what type of deposit, I think it may be a security deposit as the contract mentions the "deposit (against damages and defaults" and defaults includes paying the rent due.

I also didn't get a receipt for the deposit, I was asked to bank transfer it into a business account.

km1500

you agreed you would have the room, you paod to deposit and you moved some stuff into the room

the room is yours

if you want to move out then simply give the notice required in the contract

propertyrental

master12rebac said:

master12rebac said:

propertyrental said:

master12rebac said:

Hi,

I put down a deposit (1 month rent) for a room in a house intending to move in and stay there for 12 months.

Please clarify. Was this

a) a holding deposit, to reserve the property?

b) a security deposit to be held in case you cause damage etc?

c) advance rent?

I suspect it was a) above in which case the 'Tenant Fees Act' -prohibits holding deposits of more than 1 weeks rent. See guidance below. P43 applies to holding deposits and P6 explains enforcement.

Did you get a receipt and what (exactly) does it say?

The lack of signiture on the contract is irrelevant - you clearly created a contract by moving belongs in - the terms of that contract would be as supplied to you.

I'm not sure what type of deposit, I think it may be a security deposit as the contract mentions the "deposit (against damages and defaults" and defaults includes paying the rent due.

I also didn't get a receipt for the deposit, I was asked to bank transfer it into a business account.

Was it your understanding that the deposit would be returned to you at the end of your contract (assuming there was no damage)?

Note for the benefit of others reading this - when you pay for anything ( a service, a product, a deposit, whatever) it is always wise to get a receipt and to have it clear what the payment is for!

theartfullodger

What, if anything, did the lodger agreement (or anything else..) say about the deposit being returned (in any circumstances) please??

master12rebac

propertyrental said:

master12rebac said:

master12rebac said:

propertyrental said:

master12rebac said:

Hi,

I put down a deposit (1 month rent) for a room in a house intending to move in and stay there for 12 months.

Please clarify. Was this

a) a holding deposit, to reserve the property?

b) a security deposit to be held in case you cause damage etc?

c) advance rent?

I suspect it was a) above in which case the 'Tenant Fees Act' -prohibits holding deposits of more than 1 weeks rent. See guidance below. P43 applies to holding deposits and P6 explains enforcement.

Did you get a receipt and what (exactly) does it say?

The lack of signiture on the contract is irrelevant - you clearly created a contract by moving belongs in - the terms of that contract would be as supplied to you.

I'm not sure what type of deposit, I think it may be a security deposit as the contract mentions the "deposit (against damages and defaults" and defaults includes paying the rent due.

I also didn't get a receipt for the deposit, I was asked to bank transfer it into a business account.

Was it your understanding that the deposit would be returned to you at the end of your contract (assuming there was no damage)?

Note for the benefit of others reading this - when you pay for anything ( a service, a product, a deposit, whatever) it is always wise to get a receipt and to have it clear what the payment is for!

It says the deposit should be refunded within 20 working days of termination of the licence (which includes me giving 4 weeks notice) but subject to "subject to deduction of such proportion of the Deposit as may be necessary to make good any Default by the Licensee.".

I guess it depends on how soon the landlord finds someone, I don't think it would be fair or a reasonable deduction to keep my entire deposit if he finds a new tenant within a month.

master12rebac

theartfullodger said:

What, if anything, did the lodger agreement (or anything else..) say about the deposit being returned (in any circumstances) please??

It says that the deposit should be returned within 20 working days of termination of the licence (which I did with 4 weeks notice) but "subject to deduction of such proportion of the Deposit as may be necessary to make good any Default by the Licensee.".