Should my deposit have been protected?

  • Filter
  • Time
  • Show
Clear All
new posts

    Should my deposit have been protected?


    I have a bit of a complicated situation. I am subletting a room from a mesne tenant that rented the whole property.

    We signed an Assured Shorthold Tenancy Agreement which I now understand is unusual as the mesne tenant has also been living in the property and ASTs are usually in place for exclusive use of the whole property. I believe this was a simple mistake on her part.

    In the contract it states "If there is a dispute about the Deposit at the end of the Tenancy, either the Landlord or the Tenant may refer the matter to the Tenancy Deposit Scheme for adjudication once 10 calendar days have passed.". This leads me to assume that as per the terms of our contract she should have registered my deposit with the DPS.

    I am certain that she has not done so. I am concerned that the mesne tenant does not plan on repaying my deposit as she will be leaving the country before the tenancy ends and therefore I will not have any recourse.

    My question is - what are the ramifications of withholding my last month's rent as protection for my deposit? And, considering this was in fact a sublet in spite of signing an AST, was the mesne tenant still legally required to protect my deposit?

    Any help greatly appreciated.

    Thank you,


    Hmm. If your landlord came here asking about their lodger who was not paying the last month's rent, I might advise him to pack his bags while he is out and leave them outside.
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.


      I thought it was illegal to evict someone without serving notice and also I am not legally considered a lodger but a subtenant? My contract would make it seem that I sublet the entire property and not just a room.

      Also, should my deposit have been protected?


        You can't have an AST if you share the property with the landlord (you need exclusive possession of something). If you have exclusive possession of the room, with access to shared facilities and other rooms, you may still have an AST for the room.

        Unless the tenancy agreement says that the deposit will be protected, the landlord isn't in breach. They would be if they have committed to use a dispute resolution process that isn't going to be possible, but you can't sue for a potential future breach.

        Have you discussed your concerns about the deposit with the landlord?
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


          Hi jpkeates,

          Thank you for your reply. That makes sense, thank you. In my agreement it states that it is an Assured Shorthold Tenancy so I assume it just applies to the room with shared spaces and also says "If there is a dispute about the Deposit at the end of the Tenancy, either the Landlord or the Tenant may refer the matter to the Tenancy Deposit Scheme for adjudication once 10 calendar days have passed.". For me that means she has committed to use a DPS. I also verbally requested one at the beginning of the contract. Does this mean she is in breach?

          I have spoken with the landlord about it but she is just very relaxed. Said that she will pay me my part once she has received the full sum from the head tenant. She will have left the country by that point and I feel like I have no recourse even though my deposit should have been protected. I am just worried as in 3 out of the 4 last places I have rented, I have had my deposit taken by the landlord and I am just trying to protect myself against a repeat.

          Thanks for all explanations in any case.


            What do you mean by 'mesne Tenant'?

            It would appear this person is your LL & if living in the same building you are her lodger; no deposit needs protection, no eviction Notice required and she could exclude you from the property at any time (normally 1 rental period).
            It is not unusual for a resident LL to confuse AST for a lodger Agreement. Sounds like she has copied some of her AST for your doc. Just because your doc says it is an AST does not make it so.
            If concerned about your status, talk to her first.

            She may be illegally sub-letting.


              Hi Mariner,

              Thanks for your help. I think she is illegally subletting. By mesne tenant I mean that she let the flat from the head landlord and sublet to me and one other. So even though we signed a document in which she said that deposit dispute resolution would be with the DPS, this isn't true and I have no recourse?

              Sorry for so many questions, I just want to understand the position I am in.

              Thank you!


                It sounds as though you are a lodger and not a tenant and they are most likely illegally subletting.

                Have you any contact details for the original landlord to confirm?

                What notice has been served and by whom?. I'd be inclined to withhold the rent to ensure your deposit is returned also.

                If they are renting without permission then they are unlikely to make a claim against you!


                  If she is leaving the country permanently then she may not care whether the superior landlord finds out about the sub-letting. I couldn't advise you to without rent as its a serious breach of contract but in the circumstances you've described, I would probably do the same.


                  Latest Activity


                  • Reply to re-entry clause any use?
                    by hospitality
                    As Interlaken pointed, I checked with a friend of mine living nearby & confirmed T is indeed living there with family, and seemingly good life with couple of cars (beemer too) and a van. The suggestion is perhaps they are the type who push the boundaries with others at every instance. It then becomes...
                    14-08-2022, 19:01 PM
                  • re-entry clause any use?
                    by hospitality
                    New tenant signed contract with LA for initial period 17/06/2022 to 16/06/2022. T was late with initial rent itself (paid in advance), i.e. only paid on 24/06 and took possession. T was again late for the next payment due 24/07. No sign of payment yet.

                    I understand S8 G8/10/11 notice can...
                    12-08-2022, 17:32 PM
                  • Reply to Gas Central Heating Included in Rent
                    by gnvqsos
                    The all-inclusive tarrif is dead. It also encouraged wasteful use of resources. There is a way round this dilemma,and as a consultant I have advised many on circumventing rent restrictions, legally, of course.
                    14-08-2022, 18:50 PM
                  • Gas Central Heating Included in Rent
                    by patray
                    I am trying to work out the best way to recoup some of the increase in the cost of the gas given that we can only put up the rent once a year but the cost is going to be increased in October and probably every 3 months.

                    It's not possible to forsee how much prices will rise or what help...
                    14-08-2022, 14:03 PM
                  • Reply to Future Issues for LL and Tenants
                    by gnvqsos
                    The writer has a vested interest, facing a rent rise, stripping the article of objectivity. As she works online she could relocate to Rotherham where her rent increase 0f £300 pcm would get a room plus bills...
                    14-08-2022, 18:47 PM
                  • Future Issues for LL and Tenants
                    by Hudson01
                    Looking at the news today (similar to yesterday and the day before), they are talking about combined energy bills of 4-5k a year...... by April 2023. There are many properties up north where the combined rental per annum is between 6-7k....... that is insane.

                    Could we have a situation...
                    13-08-2022, 22:08 PM
                  • Reply to Gas Central Heating Included in Rent
                    by patray
                    Thank you DPT57 and Hudson 01. I am trying to be fair to the tenants. We have no idea of what the increases might be only that they will probably be huge. On the other hand the government may step in and help with the cost again.

                    My idea about keeping it separate from the rent meant I could...
                    14-08-2022, 18:45 PM
                  • Reply to Future Issues for LL and Tenants
                    by Hudson01

                    This is the sort of nonsense that Gen Rent and Shelter will be pouring into the govt's ears, in time some of it, or all of it..... will stick and we will get turned over again. The more that tenants are seen as...
                    14-08-2022, 18:41 PM
                  • Reply to Gas Central Heating Included in Rent
                    by Hudson01
                    Given you have an idea of what Kwh's were used before, and if you look at any national news channel there are many predictions on what it will be in April 2023, i would do as suggested above, increase it once, but make it BIG ....... They are looking at an average CAP of £4500-£5000 after the April...
                    14-08-2022, 17:27 PM
                  • Reply to Future Issues for LL and Tenants
                    by Hudson01
                    Totally agree..... but has anyone told the govt or the developers who still appear to be fitting no solar panels on their new builds...... no heat pumps...... no rain water retention systems...... i could go on but you get the idea, we are useless as a country at preparing for the future, the future...
                    14-08-2022, 17:20 PM