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Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Old 30th May 2007, 14:35   #1 (permalink)
helpmeplease123
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Default Lodger deposit query, HELP

Dear all,
Much indebted to anybody who can offer advice on a rather tiring disagreement.

I have been renting a room in a house on a year's contract and am currently entering my last contractual month (June).
I have been the perfect lodger; kept my room in pristine order, always done the washing up, cleaned, paid all bills and rent the very second they were required.
My landlord, however, has recently taken a turn for the worst regarding her attitude. A few months ago (and every month since) she has told me and the other tenants not to pay the last month's rent as she would simply use our deposits to cover the cost, to save us paying her the rent and then her returning it almost immediately in the form of our deposit back.
We therefore budgeted for this.
Unfortunately she is now demanding the rent (as is perfectly reasonable, I understand) but also claiming she is not going to return the deposit, for no reason whatsoever. There is absolutely no cause for her not returning the money.

Could anybody PLEASE offer advice on how I can ensure that paying my rent will still result in my getting my deposit back in full? It may sound petty but it is money I simply cannot afford to lose.
Sincere thanks.
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Old 30th May 2007, 15:08   #2 (permalink)
Planner
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Default Re: Lodger deposit query, HELP

If she has said she will not be returning your deposit for no good reasonthen common sense would say you dont pay your last months rent. Otherwise you could have to get involved in a lengthy small claim to get it back.
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Old 30th May 2007, 15:16   #3 (permalink)
Joa
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Default Re: Lodger deposit query, HELP

Hi there; unless you have it in writing that she agrees to accept deposit in lieu of last month's rent, it would be very difficult to prove it. Deposits are not to be used as replacement for rent, so if the landlady took you to court, you'd be in a difficult position.
Pay her the rent. On a last day of your licence, take photos of your room as evidence of the state you have left it in. Then, I am afraid, it's a normal procedure for non-returned deposits; 1st letter, as per template in the sticky section of the forum, 14 days later 2nd letter (Letter Before Action) where you restate your argument and warn her of impending court action, and 14 days later moneyclaim online.

If you do not pay the last month's rent, the situation at home will deteriorate and you expose yourself to the possibility of legal action- but ultimately it is or decision.
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Old 30th May 2007, 15:38   #4 (permalink)
helpmeplease123
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Default Re: Lodger deposit query, HELP

Thankyou for such rapid and coherent responses.

Joa, I saw the template, thankyou that will be very helpful when it undoubtedly gets this far.

Ultimately, then, I have little choice but to pay the rent and demand my deposit back in due course? I have no problem with doing this providing it gets returned.

Incidentally, of the three people the landlady is renting rooms to, myself included, only two of us have been told to do this; she is allowing the other to pay her last month's rent with her deposit. Does this have any bearing on us?

Very many thanks.

Edit: I assume I cannot ask her for a guarantee that I will have my deposit back, on the proviso of my paying the rent?
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Old 30th May 2007, 16:21   #5 (permalink)
jampot
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Default Re: Lodger deposit query, HELP

Certainly worth mentioning to her NOW that you'll be demanding your deposit back, regardless of what she currently thinks, so it won't be a surprise when you do. You never know, if she knows you are serious, she may just back down...
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