Live in landlord

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    Live in landlord

    Hi

    I took on a lodger in May 2010, we agreed that she would live there for 6 months, a contract was signed which said she would be there for 6 months and a deposit was given of 550.

    2 months later she tells me she cannot cope with London and moves back to her family. I discuss with her the deposit, and that I will be retaining it.

    I have now been recieving emails from her father along the lines of if I don't give back 350 then he will be forced to report me to the deposit protection scheme and take civil action, and that my contract is a joke which is not worth the paper it is written on.

    After looking in to this I am of the belief that as a live in landlord I am under no obligation to comply with the deposit protection scheme.
    I am happy to offer part of the deposit back, but don't like to be threatened, and want to know where I stand with an agreement that has been broken, no months notice given as we verbally agreed, and not being in the protection scheme.

    Any advice or similar experiences would be greatly appreciated

    #2
    You are right in some respects, the deposit did not have to be in a scheme. His threats are just hot air. Only discuss the situation with your former lodger. Whether you should return part of the deposit depends on the notice arrangements you made with her. If you are able to relet the room within the period of what should have been her notice period then it would be fair to return a pro rata amount.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Originally posted by whiskey1 View Post
      After looking in to this I am of the belief that as a live in landlord I am under no obligation to comply with the deposit protection scheme.
      Correct. Deposit protection applies only to assured shorthold tenancies. A tenancy with a live-in landlord cannot be an AST.

      I am happy to offer part of the deposit back, but don't like to be threatened, and want to know where I stand with an agreement that has been broken
      A contract is a contract. If the contract says the lodger must give one month's notice, then you are entitled to hold the lodger to those terms and keep the deposit in lieu of notice.

      As jta says, (politely) refuse to deal with the father - you had no contract with him. If he persists in emailing after you have asked him not to, then ignore them (or 'bounce' them back to sender).

      (BTW, you may find this website useful http://www.lodgerlandlord.co.uk/ if you are planning to take in another lodger).

      Comment


        #4
        Thank you very much for your replies

        Comment


          #5
          .......BTW, the writen contract only set out that she would rent for 6 months, it was verbal that we stated a 1 months notice would be given. I've read somewhere else that even a verbal agreement is enough.....?

          Comment


            #6
            Yes and no!
            True, an oral Agreement is lawful and enforceable (but not a sensible idea, in principle).
            A written Agreement is stronger, of course. The non-appearance in it of the supposed Notice clause usually means that no such clause operates.
            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).

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