Hi there, I've got a question regarding a tenancy agreement I had with a guy, here is the situation: I rented a room in a 2 bedroom flatshare with a guy - let's call him John. I had a contract directly with him. I was paying my rent to him and he kept my deposit (actually I paid the deposit to the person who was leaving the vacant room). The flat was originally rented by another guy through an agency - let's call him Paul. Paul decided to live with his friend John, who got the second room. Paul had to leave the country and he let his friend John live in there and run the flat, despite John was not on the contract with the agency. In a nutshell Paul rented the whole flat from an agency, sublet it to John who later on sublet the second room to me. When I left the flatshare John did not give me back the entire depost (he unfairly retained £200) and I am currently in a small claim to get it back. My question is did he have the right to lend me the room in the first place? Is there anything like that that could help me to win the case ? The contract I signed says "Assured Shorthold Tenancy" but someone told me it was not one given the nature of the tenancy, is it right ? I'd like to know that too because I am thinking of filing a second claim because he did not protect my deposit through the Tenancy Deposit Scheme and recover my deposit plus the 3x fine. Thanks in advance

Yes which is fair enough but his girlfriend was here in the same time and even stayed longer than mine ! That's why I think I should not pay more than my half.

The contract says : The tenant will pay for all gas, electric light and power which shall be consumed or supplied on or to the property during the tenancy, the amount of the water rate charged in respect of the property during the tenancy it not included in rent and the amount of all charges made for the use of telephone or cable services (if any) on the property during the tenancy or a proper proportion of the amount of the rental or other recurring charges to be assessed according to the duration of the tenancy.

Oh I forgot he's asking an extra £20 for the bills because of my friend living in the flat... Whereas he had his girlfriend in longer... Does he have the right ?

That sounds good, thanks a lot

That's good news... But which arguments should I put in in my defence ?

Thanks, so maybe it's just safer to defend myself normally. By the way Steve_M you seem to know well the procedure. Which form should I fill in for my defence of the counterclaim ? I only received an allocation questionnaire but the letter says I should return the allocation questionnaire and file a copy of my defence (with statement of truth). I can't get hold of the court to ask what I should do...

By the way as I did not sign any inventory and the landlord has no real proof of how long my friend stayed can I ask the court to strike out the claim ? I found that : "You can apply to ask the court to strike out your opponent's claim if you consider it is "vexatious" (mischief making), "scurrilous" (insulting), or "ill-founded" (wrong). This will mean the claim will not proceed."

Thanks guys

Hi everyone, I took my landlord to the small claim court for not giving me back the full amount of my deposit (£300 were missing). I was a lodger and we were sharing a 2 bed flat (he was actually subletting a room to me). He counterclaimed and asked £400 for extra rent because I had a friend staying at my place for 7 weeks (my friend actually stayed 3 weeks in total, 2 of which the landlord was not even around) ! I clearly had his consent before my friend came in and the contract only states that I can't have paying guest (Of course I did not charge my friend). Does he have any chance to win ? I think he does not at all but I just wanted to have your opinion on this. Cheers

I see... So is this contract really valid/legal ? Is there anything I could do about this ? Thank you.

So in a nutshell the TDS only works for letting agency and landlords/who ever I have the contract signed with as long as that person does not live with me ?

That's really a shame ... By the way it might be that he does not have the lease for the flat himself. If I remember well he moved in with a friend who had the lease with a letting agency. His friend left and he never changed the contract with the agency. He's kind of subletting on a flat he has no rights really. Does it change anything ? I guess it's a different subject...

Yes

Thanks guy for your quick answers. The guy does not own the flat. I think he was subletting to me. The contracts says AST and the guy describes himself in the contract as "Property manager"...