sublet deposits

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    sublet deposits

    Hi there,

    I'm about to sublet a room, and am concerned about the deposit being asked of me.

    The tenant whose name is on the tenancy agreement with the landlord has asked me for one month's deposit (£600). She has said she will give me a receipt for this as well as a separate tenancy agreement written by her.

    I gather however there's no separate holding facilities for tentant/sub tenant deposits, so is there anything else I can fall back on here apart from a few bits of (I'm worried meaningless) paper and trust?

    She's asked for half of the deposit 2 weeks in advance to hold the room, reasonable I thought, and specified she'd rather this in cash, she gave a reason for this but not overly trust inspiring I feel.

    Would requesting certain personal details of her help my situation, details of the landlord, her current tenancy agreement etc.?

    Any info or opinions would be greatly appreciated. Can't find anything online from the subletters point of view, and won't be able to get the CAB in time.

    Thank you!

    #2
    I can't help you with the deposit query, but in your position I would ask to see a copy of the Tenancy Agreement to prove she actually has permission to sublet. It is probably all above board, but some TA's strictly forbid subletting part of the property.

    Comment


      #3
      Will you actually become a Tenant, with Tenants rights, or a Lodger of the original Tenant, with Lodgers rights, which do not amount to much?

      What are you renting exactly, any shared facilites, communal areas or exclusive areas?

      pm
      Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

      Comment


        #4
        Thank you LeslieAnne and Property Mongrel.

        I'm called a tenant in the agreement (that will be shared between me the tenant who has the actual agreement with the landlord), this mentions access to communal areas in addition to the bedroom.

        Comment


          #5
          If you are just renting a room in the 'landlords flat' (which he happens to rent off someone else) - you will not be a tenant, you will be an "excluded occupier" (similar to lodger) and as PM says, your rights will be minimal.

          There is no requirement for such deposits to be protected in this situation, although the DPS will protect it if both parties so desire.

          Your 'landlord' seems to not have much of a clue. Rather than a poorly drafted 'tenancy agreement' that she is going to write for a non-existant tenancy, why don't you encourage her to sped a fiver at WHSmiths for a proper 'lodgers agreement'. http://www.whsmith.co.uk/CatalogAndS...=9781906971144

          Comment


            #6
            Originally posted by Packing View Post
            I'm about to sublet a room, and am concerned about the deposit being asked of me.
            Further to Snorkerz' comments, you would indeed be an excluded occupier with very limited rights of tenure if you're living in the same property as your immediate landlord; however, it's also possible that the contract creates a tenancy if it gives you exclusive possession of the room. See http://www.lodgerlandlord.co.uk/2010...ger-a-tenancy/ (If it doesn't give you exclusive possession, it wouldn't be 'subletting').

            It's fine to pay cash *if* you get a signed receipt (same goes for rent), and her reasons for asking are neither here nor there. If the landlady doesn't repay it when you move out, you can bring a county court claim against her (easy to DIY with Money Claim Online).

            Would requesting certain personal details of her help my situation, details of the landlord, her current tenancy agreement etc.?
            I would certainly ask to see her tenancy agreement. You need to know how long the fixed term is, because after it expires the head LL could evict your landlady (and you along with her, though she'd get plenty of notice).

            Comment


              #7
              P.S. I suggest you direct the landlady to the lodger landlord site I linked to above.

              Comment


                #8
                As pointed out above, if the agreement isn't an AST there is no legal requirement for the landlord to protect your deposit, but the DPS will be happy to protect it anyway.

                If you are feeling coy about handing over the deposit in cash, you could suggest that it is lodged with the DPS as an alternative. That way, your landlord would be secure saving the room for you and you would know that your money was safe.

                Just a thought

                Comment

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