Lodger's deposit

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    Lodger's deposit

    I've been letting rooms in my home for 12 years. I take a deposit which acts as a bond, and give the lodger a paper receipt. I put the money into my bank account. When they move out, they give me the receipt and I give them their deposit back. No problems with this.... till now.

    Lodger who is leaving in two weeks appears to have lost her receipt. I'm not bothered, as I have it on record that her deposit was £140, and wrote this on a recent rent statement I gave her.

    She is now asking me for 'a copy of the certificate" where my deposit is being held'. When I told her there is no such thing as a certificate, and what did she mean, she replied that her legal advisers have told her:

    'to ask you for the "certificate" reflecting where my deposit is being held as it has to be deposited into a government scheme account, or something like that.'

    Goodness knows who her advisers are. Can anyone shed light on what she is on about?

    Cheers.

    #2
    Originally posted by Sussexlandlady View Post
    Can anyone shed light on what she is on about?
    If a tenant has an assured shorthold tenancy, AST, it is the law that their deposit must be protected in a government approved scheme. But because your tenant lives in your house with you, so is a lodger, this does not apply to you.

    You can find out about deposit protection in the link below.

    http://www.direct.gov.uk/en/HomeAndC...cies/DG_189120

    Comment


      #3
      Thank you so much! As I don't have any rental properties, I've no need to keep myself up to date with ASTs and new laws, so had no idea what she is on about. But her legal advisers are, clearly, as ignorant as myself!

      Comment


        #4
        I appreciate that Sussexlandlady views her guests as lodgers, but just to be sure that they are in law Lodgers and not Tenants could you confirm the living arrangements?

        Do they use the communal front door to the house, or do they have their own door to an annexe for example?

        Do they have exclusive use of their own room which they can lock?

        Do they and you share kitchen and bathroom facilities?

        Or do they have their own bathroom and kitchen facilities?

        Her legal advisors may be well intentioned misinformed friends, or they may know more about your situation and have found a loophole?

        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


          #5
          Do they use the communal front door to the house YES

          Do they have exclusive use of their own room which they can lock? YES

          Do they and you share kitchen and bathroom facilities? YES

          Her legal advisors may be well intentioned misinformed friends, or they may know more about your situation and have found a loophole?

          But even if she DID have a AST, this new ruling only came in in October, she has lodged in my house with me for 5 years.

          Comment


            #6
            http://www.lodgerlandlord.co.uk/2010...-and-a-tenant/

            I had read that a lockable door and exclusive possession might tend to suggest tenant instead of lodger. But I do not know all your circumstances.

            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


              #7
              Originally posted by property mongrel View Post
              I had read that a lockable door and exclusive possession might tend to suggest tenant instead of lodger.
              It may be a contractual tenancy, but it cannot be an assured shorthold tenancy when the LL is resident. As the following link explains, it's a bad idea to grant a tenancy, because LL's statutory repairing obligations under s.11 kick in, and it may be in breach of mortgage/insurance terms.

              http://www.lodgerlandlord.co.uk/2010...ger-a-tenancy/


              Originally posted by Sussexlandlady View Post
              But even if she DID have a AST, this new ruling only came in in October, she has lodged in my house with me for 5 years.
              Deposit protection came into force in April 2007.

              Comment

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