Lodger Deposit Dispute

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    Lodger Deposit Dispute

    Hi

    I was doing a 1.5hr commute to work which was taking it's toll, and a work colleague offered to rent me her spare room at low cost. I had been working with her for about 3 months and she seemed nice enough so I agreed.

    We signed an agreement and I moved in with her in April. It was Monday to Friday, for £50 a week, and I gave her a £200 deposit. The terms of the Agreement were a fixed period for 6 months, or one months notice to be given in writing by either of us.

    To cut a long story short, she is a tyrant and is not well liked. She came into my a few weeks ago and said that 'I had a cheek for ignoring her for two days'. Admittedly I hadn't spoken to her but I hadn't spoken to anyone, my sister had been rushed to hospital with an ectopic preganancy, yada yada... I explained this to her and her response was that she was sorry for that but it didn't change the fact that she wanted me to leave on 16 September. Then she left my room.

    She didn't provide me with any written notice.

    I then left two weeks (28 August) after her 'verbal notice', as I had paid rent up to that point.

    I have emailed her twice but she hasn't responded, and I want to get my deposit back. Before I take it any further, I want to find out what my position is. I 'think' she has broken the terms of the contract by not providing written notice, but I am not sure if I was then right to leave before the month's 'verbal notice' was up. Is she right to keep my whole deposit? Or Part of it? Or any of it at all?

    Any help would be greatly appreciated.

    Thanks

    #2
    If the Occupation Licence allows termination only on one month's Notice (unless, of course, both agree something else- implicit), that binds both- so she cannot order you to leave sooner, unless you want to go and she compensates you.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      It was 12 August when she told me she wanted me to leave by 16 September. So it was 4 weeks notice but verbal rather than written.

      When I said I was leaving on 28 August rather than 16 September, she said that I couldn't because I had to serve the month's notice.

      She hasn't returned my deposit and is ignoring emails from me, and I want to know whether she has broken the terms of the Agreement and whether she has to pay me the deposit back or not...?

      Comment


        #4
        You can check out any time you want (as the Eagles advised- see http://uk.ask.com/web?q=%22you+can+c...=196&o=0&l=dir);
        but you can never hope to recover rent overpaid for the further period to the end of the Notice month.

        Yes- deposit is refundable at that month's end (not before).
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment

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