Where do I stand on getting my deposit back?

[faxfan2002]

Hi Everyone,

Seeking some advice on a landlord issue.. I will lay out the facts

I answered an advert on a website with regards to a room to where I am working during the week. On the advert it did say 3 months minimum stay. The landlord replied saying the room had been taken.

However a few weeks later a phone call came from the landlord saying if I was still interested in the room would I be interested. I said yes I would. The landlord moved out the current tenant within the space of week and moved me in. I paid £300 deposit and £335 for a months rent (I have receipts for both). It didn't really work out for me so I gave the landlord notice 5 days before the next months rent was due. No written contract was put in place and no verbal contract.

Now she has retained my deposit saying that she is keeping it due to the rent she has lost.

Where do you think I stand? I don't know if it has a bearing but in this case I am a LODGER not a TENANT.

Thanks for advice.

[MrShed]

Depends on what the deposit was taken for I think. If it was a damage deposit, then he has no basis to withhold unless you signed some agreement stating you would give X days notice....as you were a lodger you have no statutory obligation to give notice, unless otherwise agreed. Someone will correct me if I am wrong though...

[Paul_f]

The law of Landlord & Tenant doesn't apply but the law of contract does.

That is "offer,acceptance & consideration (money)", all three of which are in place. You therefore have an oral (not verbal) contract by the actions you have both taken.

Whether one of you is in breach I don't know but over £600 for a short stay is "unreasonable". If you can't come to some compromise with her then you will have to go to court I'm afraid to get any redresss. You cannot be penalised by moving out early as you were a lodger. If this lady is doing the same to others then HMRC might just be a little bit interested in her methods, but that's for later I would say.

[Jennifer_M]

Paul, would the lodger be legally responsible for paying rent for the 3 months if the place was advertised as a minimum of 3 months let (assuming no new lodger is found to replace him) ?

[Energise]

They also claimed that they were studying law and that this is legally binding.


Tell them to study some more, in particular 'invitation to treat'.