Does Section 214(4) apply to a lodger?

  • Filter
  • Time
  • Show
Clear All
new posts

    Does Section 214(4) apply to a lodger?

    Hi folks. I had a couple living as lodgers in a spare room in my house for about 6 months. As usual, I didn't see much use in a contract for such a casual let, and we made a really simple verbal agreement. Just the monthly rent, a calendar month notice either way, and a deposit of one month rent. During their stay it became apparent that one of them had serious anger management issues, and was causing quite a lot of damage. In the end, that amounted to more than the deposit, so I didn't give them their deposit back. Eventually they brought a case to County Court, quoting Section 214(4) Housing Act 2004. I was horrified to find out that this allows the court to not only make me give them their deposit back, but up to 4 x the deposit!

    I've had a quick look on the internet, but I can't find out for sure whether this act is applicable to a lodger. Anybody know?

    Thanks for looking!

    I'm assuming that the case has not yet gone to court, but as it stands, they don't have a leg to stand on.

    You are right, that section of the act does not apply to lodgers and there is no requirement to secure the deposit in one of the official schemes.


      It depends what they're claiming.

      If they're claiming that you had no right to keep their deposit, with the s214 issue as an "as well", they might still have a case, but have no ability to claim the penalty.

      If the lack of protection is all of their claim, it's pretty much a non-starter.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


        As long as you were living in the same property and sharing living accommodation continuously for the period of their tenure, then there was no requirement for you to protect their deposit in a scheme and provided you have good evidence of reasonable deductions from their deposit you have nothing to fear.


          But next time, use a formal signed agreement, suggest shorter notice period. How on earth can you prove the verbal terms that you'd agreed??
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


            You will need to prove they were lodgers by documenting the premises as your actual address where you lived possibly using council tax documents, utility bills, bank statements, DVLA docs etc. If you did not live there then that is a different matter.

            Freedom at the point of zero............


              Thanks for all your replies and advice. My fingers are crossed!


              Latest Activity


              • Reply to Buying the Freehold
                by Section20z
                There's lots of readily available info online and threads on this forum if you search but briefly:
                a.Yes. or you can buy it on your own at the auction if 50% don't reserve their rights.
                B. Nobody knows till final bid
                C. You just get the option to buy, you are not committed
                27-01-2021, 14:00 PM
              • Buying the Freehold
                by Kellyd
                Hello. Apologies if this is the wrong forum. I am utterly confused as to where to post this.
                I own a flat, which I rent out. I have owned it for almost a year.
                It's a top floor flat in a building with approx 4 other flats.
                I have a 125 year lease.

                I've been sent a letter...
                27-01-2021, 12:39 PM
              • Reply to 3 friends renting together
                by DPT57
                I have 3 friends sharing a flat in a 1980s block at the moment. The landings, stairwells and grounds are well maintained by the management company who are very proactive on this sort of thing. I don't know that in practice, that term in the regulations means having to ensure much more than this for...
                27-01-2021, 13:48 PM
              • 3 friends renting together
                by Red91
                First post so I'm sorry if I miss any details. We seem to have run into a little bit of a brick wall, 3 friends moving in together from family homes, we've all been in our current full-time jobs for years, we've been friends for 25+ years, living in England and seems we've been hit by needing a home...
                27-01-2021, 11:27 AM
              • Reply to Residential Landlord Survey - Minimum Energy Efficiency Standards
                by jpkeates
                It's just a bit of a joke.
                My own home is a converted farmhouse.
                There's no mains gas, so it has a kerosene boiler.
                Never be able to get it to a C.

                Half of my portfolio is D and, having had a look at what would be needed, only one of them could be brought up to C.
                27-01-2021, 13:27 PM
              • Residential Landlord Survey - Minimum Energy Efficiency Standards
                by Tom Alves
                Dear Sir/Madam,

                My name is Tom Alves, I am currently studying construction management at Anglia Ruskin University. As part of my final year of university I have to undertake a research project. I have chosen to do mine on the new Minimum Energy Efficiency Standards, and the updates to these...
                26-01-2021, 15:17 PM
              • Reply to 3 friends renting together
                by AndrewDod
                Blame various governments who do this in the guise of protecting you......

                You pay dearly for that protection....
                27-01-2021, 13:26 PM
              • Reply to Section 21 form 6a
                by jpkeates
                Only if you want to end the tenancy....
                27-01-2021, 13:23 PM
              • Section 21 form 6a
                by hazedunks
                I served a tenant a section 21 in july 2020 and gave them the recommended 3 month notice period at the time due to covid 19. Is it too late for me to apply for the possession order now? Wil the section 21 still be valid?

                27-01-2021, 12:15 PM
              • Reply to 3 friends renting together
                by jpkeates
                I didn't know that.

                How do you satisfy the requirement
                "To ensure that all fire escapes are clear of any obstacles and that they are kept in good order, to ensure that all fire safety measures are maintained in good working order and that adequate fire safety measures are in...
                27-01-2021, 13:20 PM