I'm a lodger with a nasty landlord - can anyone give any advise?

[dippyspice]

Hello there, i hope you can help. Is there anything i can do to get out of a 6 month contract as a lodger? My live in landlord isn't a very nice person at all, this evening I have just sat with him and suggested that this agreement is not working however he refuses to return my deposit and let me leave. My deposit is not protected, it appears that as i am lodger, he does not need to put it into a protected scheme, he will not give me a receipt, he tells me bank statement is fine, and i am pretty sure that regardless of how quiet i am or how much i clean the house, i will not get my deposit back once the agreement ends. Can anyone help, he has me over a barrel and i feel i have no rights at all.

[mariner51]

How much is deposit equiv to in rent?

You mention a lodger Contract, what does it say about Notice period?

Do you have a room of your own and share other rooms with yout LL?

[dippyspice]

hello there, thankyou for responding, i was sure anyone would. In answer to your questions. How much is deposit equiv to in rent? Deposit was 400 and my rent is 325pm

You mention a lodger Contract, what does it say about Notice period? The contract says 'excluded occupier' and I cannot see anything about notice period (referencing me or the landlord), the contract term is 6 months. I've been in a month and 2 weeks.

Do you have a room of your own and share other rooms with yout LL? I have my own room and share other rooms with him.

 

He's just told me broke the shower this morning and is demanding nearly £200 to fix it. I switched it on this morning, noticed it wasn't working, immediately pretty much a half hour later when i saw him, told him. The shower is old and apparently it happened with another tenant before me. This has to be considered wear and tear. I don;t have anything from a plumber like an invoice or a quote. That musnt be right can it. I just don't know what to do. I think he's getting lodgers in, being so impossible that they just leave and he is left with their deposit. The one previous to me just left and he's very cagey about why. i just don't know what to do, i feel sick when i come back here, I've lost weight. Please help if you can.

[MrHat]

What a nightmare. I cant offer any legal advice. Hopefully someone will come along soon that is familiar with the law regarding lodging and deposits.

 

All I would say is that you should keep detailed and dated notes about all if this and proof that a deposit was paid.

 

If it is untenable to live there I would seek other accommodation and get out for the sake of your sanity.

 

If you can get anything in writing from him about his demand for 200 quid then do so.

 

My feeling is that you can take him to small claims court if he extorts money from you.

 

Others will be able to advise....

[dippyspice]

Thank for you support MrHat, it much appreciated., he tells me that because i am an 'excluded occupier' he doesn't have to put my deposit into a protection scheme. If anyone could offer any advice, either on my immediate problem him demanding money from me, no quote from a plumber (i suspect he is making all this up), as it say its old shower too (what constitutes wear and tear etc) or anything on how i could get out of this nightmare, without losing my deposit as its a lot of money i would be forever grateful to them.

[raydetinu]

I would find somewhere else to live and just leave when you have it sorted and forget the deposit.

Or you will have to just stay till the end of the contract and sue for your deposit back as it looks like he has a habbit of doing this.

[Bang!]

Where are you in the UK?

[Bang!]

OK - 'excluded occupier' so England/Wales.

 

Write recorded delivery to your LL asking him for a tenancy agreement if you do not have one already in writing, clarification of the cost/justification for the shower, and a receipt for your deposit.

 

Wear and tear is the normal wear/usage on an item that will lessen its value until it needs fixed/replaced.

 

LLs can reduce their gross rent by 10% each year to cover wear and tear. However your LL will be using "rent a room allowance" which has no wear and tear allowance, as normally the LL will not be paying tax. However, in spite of this the LL is still not permitted to charge for wear and tear.

Edited July 18, 2012 by Bang!

[dippyspice]

I am writing at this very moment, a letter to him asking for cost/justification for the shower and a receipt for my deposit as you've suggested. I have a tenancy agreement already titled' fixed term agreement for an excluded occupier' and i know nothing about these things but it looks complicated and comprehensive! Thankyou and will ping a message back with what he says.

[mariner51]

It would be helpful if OP could scan & paste the Contract, redacting T, LL & property ID.

Lodgers (excluded occupiers) have far less security than Ts inc non-protection of deposit.

Suggestions

If deposit paid by cheque, then OP can request bank to provide copy of cheque (poss charge) to support bamk statement entry.

Take time/date stamped photo of faulty showe (type) to ge & conditon. for fair wear & tear submission.

I would suggest if LL & L had equal access to shower, with no evidence of deliberate damage, then OP may be liable for max of assessed remaining life expectancy of shower/repair.