Landlady Keeping Deposit

[DarrenAFox]

Hello I have recently moved out of my landladys house (It was a room on the bottom floor of her property) my responsibility was my room, the en euite, the small kitchen and that was it. She was paid £500, upon leaving I pointed out that there were a few stains on the floor and the sofa (I think about 5 in total) I cleaned top to bottom before leaving. She is now refusing to return my deposit statuing that the place was "Un liveable" which I find to be incorrect, she only advised me this today (I moved out Saturday), she said she has been quoted £150 to have the place cleaned which I offered to her as a settlement and also for me to return to help clean again anything which she thinks needs attention. She declined this and started an argument over the phone calling me 'dirty' and being unfair.. I did a good job cleaning When I moved in i signed a contract (which I can't find) but at no point did we check items prior to moving in or moving out.. as I said I did point out the stains before leaving and said to her at the time that I would pay for any cleaning equipment needed. and she was happy with that. The last conversation was that she didn't want me to return to clean, she rejected my £150 settlement and said she would call within the hour when she has 'calmed down' She has turned into a nasty b**** over this! I don't know where I stand. The room was rented via a website and its a private landlady. Help

[sequenci]

Ouch, sorry to hear about this.

 

Did you take any pictures?

[DarrenAFox]

No pictures were taken, but she said she has taken pictures and documented the mess! I was foolish not to take them as this is the first place I have rented

[DarrenAFox]

But the place was cleaned as best I could upon leaving, and I did point out the 5 stains before leaving and she agreed that they would need cleaning, and only minor cleaning! Not sure where I stand? should i get a copy of my contract?

[The Carpet Cleaners]

get a copy of your contract.

 

Did you have a signed inventory when you moved in?

 

Don't admit to any stains or anything else in any future dealings.

[Ed999]

My comments only apply if the premises are entirely within England, and you were granted a shorthold tenancy (under which you have exclusive use of a separate dwelling, and the landlord does not live in the same building), and you were over 18 years of age when the tenancy was granted.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

Tenancies which cannot be Assured or Shorthold tenancies

 

The following, if granted today, cannot be assured or shorthold tenancies:

• a letting by a resident landlord;

• licenses.

 

The distinction between a tenancy and a mere licence is that a tenancy is created by granting the occupier exclusive occupation of premises; and a licence is created by granting shared occupation.

 

The sharing can be with other tenants/lodgers, or with the landlord. You would be merely a lodger (known legally as a "licensee").

 

An essential element of a residential tenancy is that the premises form a separate dwelling (e.g. a self-contained dwelling). This emerged from the leading case of Street v Mountford, decided by the House of Lords in 1985. I recommend that link to you, with its illustrations of how the test works in practice.

 

In every case it is a question of fact: the court which tries the case has to decide, on the actual facts of the case, whether or not exclusive occupation of a separate dwelling has been granted.

 

 

Joint Tenancies

 

This is a type of tenancy that landlords of shared properties like. All the sharers sign a single document, and are thereby all bound by its terms and conditions.

 

Landlords like this because it creates ‘joint and several liability’: each tenant is liable for ALL the rent due under the agreement. If any tenant stops paying his part of the rent (e.g. absconds), the landlord can sue ANY of the other tenants for those rent arrears, not merely the one who failed to pay.

 

The benefit for you is that you are actually getting a tenancy; so you have the rights of a tenant, including the important right to the protection of the Tenancy Deposit Scheme.

 

 

Rights of a licensee

 

If the occupier is NOT a tenant he is NOT protected by the Tenancy Deposit Scheme, which only applies to shorthold tenancies: the TDS scheme does not apply to licences.

[Ed999]

My comments only apply if the premises are entirely within England.

 

The obligations on a licensee - i.e. a lodger - are less than those of a tenant. If you don't in fact have a tenancy, then you also don't have a duty to act in a tenant-like manner; so there would be no implied legal duty that requires you keep the premises in good repair, but only whatever express obligations, if any, that were expressly agreed - e.g. in the written contract you signed.

 

Only a Court can decide what the legal effect of such a contract is. If the contract is silent on the point, it is unlikely the court would imply any repairing duties on your part, as no such duties were agreed at the outset.

Edited February 28, 2012 by Ed999