Sub-tenant Rights and Deposit

[Lon_77]

Hi,

My landlady is sub-letting a room to me so I end up paying her rent. She then pays the landlord rent for the entire flat.

I am due to leave in 3 weeks time and want to know what rights I have as a Sub-tenent as I want to be sure I will get back my deposit. I moved into the flat in September 2009 and I have a receipt from her for my deposit but have not signed any other contract.

Please could you let me know when is a reasonable time to get my deposit back as she says she may not be able to transfer my deposit on the day I leave because it is a weekday and she may have appointments after work. Is that reasonable as I will have moved everything out on the day so can she not view the room after as she also lives there and then if all is fine transfer my deposit on that day?

One thing I know I will be charged for is that I dropped the iron on the carpet and now there is an iron mark. The carpet is not brand new but I don't want her to with-hold all of my deposit which is £600 on this and I don't want her to say that she needs to check how much the damage will cost and then get back to me so this way she ends up holding onto all my deposit. For that reason I was thinking of telling her about the carpet beforehand so she has time to decide how much it will cost to repair.

There is also another problem where the kitchen sink has been damaged while it was myself, her and her husband in the property. There is a crack in the sink and water is leaking from this crack. She asked me if I had done this and I had not and explained to her I don't even own anything heavy that would have made this crack as I hardly ever cook. She stated she has a pressure cooker which is the biggest thing she owns but said that as long as she knows the crack was not done by myself or her she will tell the landlady that it is wear and tear. I want to know if there is anyway she can hold back my deposit because of this.

Many thanks for any advice I can get on this.

[Lon_77]

Sub-tenant Rights and Deposit

Apologies I meant I had moved into the flat in September 2008 not September 2009

[Preston]

Hi,

My landlady is sub-letting a room to me so I end up paying her rent. She then pays the landlord rent for the entire flat.

I am due to leave in 3 weeks time and want to know what rights I have as a Sub-tenent as I want to be sure I will get back my deposit. I moved into the flat in September 2009 and I have a receipt from her for my deposit but have not signed any other contract.

Please could you let me know when is a reasonable time to get my deposit back as she says she may not be able to transfer my deposit on the day I leave because it is a weekday and she may have appointments after work. Is that reasonable as I will have moved everything out on the day so can she not view the room after as she also lives there and then if all is fine transfer my deposit on that day?

One thing I know I will be charged for is that I dropped the iron on the carpet and now there is an iron mark. The carpet is not brand new but I don't want her to with-hold all of my deposit which is £600 on this and I don't want her to say that she needs to check how much the damage will cost and then get back to me so this way she ends up holding onto all my deposit. For that reason I was thinking of telling her about the carpet beforehand so she has time to decide how much it will cost to repair.

There is also another problem where the kitchen sink has been damaged while it was myself, her and her husband in the property. There is a crack in the sink and water is leaking from this crack. She asked me if I had done this and I had not and explained to her I don't even own anything heavy that would have made this crack as I hardly ever cook. She stated she has a pressure cooker which is the biggest thing she owns but said that as long as she knows the crack was not done by myself or her she will tell the landlady that it is wear and tear. I want to know if there is anyway she can hold back my deposit because of this.

Many thanks for any advice I can get on this.

Hi

It is quite normal to take a few days to return a deposit, so I wouldn't worry about her explanation for the expected delay, it seems reasonable to me.

Talking to her about the carpet damage and agreeing a figure in advance sounds like a very good idea to me.

If the damage to the sink wasn't your fault, then she shouldn't deduct from the deposit for it.

I assume from what you have said that nothing has been agreed verbally or in writing about the deposit and how deductions should be made. If this is the case, it is probably more to your benefit than hers. Certainly the onus is on her to justify any deductions that she makes. If ever the matter gets to court, she will struggle in the absence of a clear and comprehensive inventory and clear agreement on what the deposit can be used for.

Good luck

Preston

[Lon_77]

Sub-tenant Rights and Deposit

Thanks Preston.

Just to clarify I did not cause a crack in the sink and nothing was agreed verbally or in writing about the deposit and how deductions should be made. I just have the receipt stating how much I paid as a deposit.

I'm hoping it does not get to court but if it does my concern is that she is moving out at the end of May and I do not have her new address but I do have her work e-mail. Should I be concerned if I have not received my deposit by then as I leave in the 2nd week of May and want to know that she is contactable regarding my deposit if I have not received it before she moves out?

Kind Regards,

Lon_77