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Deposit held by Landlord


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Hope someone can advise what to do.

My daughter agreed to rent a room in a house, paid rent until the end of the month and a £400 deposit. On the first of the following month she paid the months rent.

Six days into the month she had jewelery stolen from the room, and was so scared she decided to find somewhere else to live, and moved out a few days later. The landlord told her he needed 30 days notice and said he would deduct the extra 10 days from her deposit money, and if she contacted him after 30 days he would return the balance of the deposit to her.

On contacting him she was told he had changed his mind and although he had since relet the room her actions had cost him a lot of money so he would not be paying her anything back. He has confirmed this in writing.

She did not sign any rental agreement, nor did he tell her where her deposit money would be held.

Has she got a case to take to the County Court, and should she ask for 3 times the deposit?

Grateful for any advise.

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He needs to confirm such deductions in writing.

 

Was this a room in a house that the landlord also lived in?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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In which case there is no basis for 3 x deposit - this doesnt apply to lodger/licencee situations.

 

Was there any verbal agreement with regards notice period prior to this event?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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He originally said he wanted it to be a six month agreement, but did not ever produce any form of written agreement. Nothing was ever said about any notice period, until he told my daughter this when she was about to move out.

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A licence agreement is based upon the terms of the agreement.

 

No terms = no breach.

 

Therefore, in my opinion, she should sue for the full amount of the deposit.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I'll advise her of this, and thanks so much for your kind help and advice. It obviously is the money, but also the fact that someone has arbitrarily tried to fiddle my daughter when she was in a vunerable position after having some valuable jewelery stolen.

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  • 4 weeks later...

You are very welcome. I'm pleased it worked out, this is a good result.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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