Need advice about rent and deposit as a lodger, no contract.

[Guest Alison82]

Hi everyone. i'd be so grateful if someone can help me work out my legal rights in this flatshare situation.

 

The room I moved into was in a shared flat. Advert stated no minimum or maximum term, did not mention deposit.

 

On moving, I transferred £1100 to him through online banking using reference rent and deposit. There was no contract, no receipt, no inventory and no notification of rent deposit scheme.

 

On day 1, i found that he smokes heavily indoors even though there is a balcony. The communal areas were also extremely dirty on closer inspection. There was no lock on my bedroom door or bathroom door and he refused to put them on.

 

We agreed prior, that I would be replacing the poor quality/broken supplied chest of drawers and mattress with my own.

 

Communal areas were unusable due to the offensive cigarette smoke, which came into my room. I knew i could not remain living there.

 

Day 4: I told Trevor that I was uncomfortable there and the smoking indoors bothered me a lot and I did not realise he smoked inside as the balcony is just off the living room.

 

Day of the move: I moved my things out then brought back a replacement mattress and drawers, both in better condition than original.

 

Problem:

 

Now he is saying the items are not the same. That i have made a chip in ,the wall. He is witholding my remaining rent. Says he needs 28 days to return my deposit. And wants compensation for the chip and furniture.

 

I think I will need to file a Letter before action for rent and deposit. I have text messages, advert, witnesses and bank transfer. Can i get my money back?

 

Please help!

 

Thank you in advance.

[mariner51]

In the thread title you suggest you are a lodger so is flatmate (Trevor) the owner of the property or renting from a superior LL?

Lodgers have few legal rights and deposit does not require protection. How much of £1100 was deposit and how much was rent?

Due weekly or monthly?

How long did you stay before you moved out?

All you can do is issue LBA, then apply to SCC for what you think you are owed

[Guest Alison82]

Hi Trevor is the LL, I paid £550 rent for the month although no contract/licence to say its weekky or monthly and £550 deposit, I stayed for 5 days =£90.42

[mariner51]

A verbal Agreement is sufficient.

I assume £550 pcm is more realistic rent than £550 /wk, payable in advance, as per your calc.

You voluntarily moved out after 5 days, normally the Lodger notice period is one rental period, so Trevor is entitled to keep unused £550.

Your claim would be for return of £550 deposit only IMO

If you want to rent rooms by the day (or hr) use an apropriate hotel.

Rental accom should be for min of 6 months.

[Guest Alison82]

Lol, he gave me the impression (actually he plainly told me) that he kept his home clean and tidy; if he had been honest and told me he smokes inside not on the balcony, and the fact that it is mot so clean, and there are no lockes then I would have never moved in.

 

As stated the advert said no minimum term and no maximum term.

[SHIRLI]

Hi everyone. i'd be so grateful if someone can help me work out my legal rights in this flatshare situation.

 

The room I moved into was in a shared flat. Advert stated no minimum or maximum term, did not mention deposit.

 

On moving, I transferred £1100 to him through online banking using reference rent and deposit. There was no contract, no receipt, no inventory and no notification of rent deposit scheme.

 

On day 1, i found that he smokes heavily indoors even though there is a balcony. The communal areas were also extremely dirty on closer inspection. There was no lock on my bedroom door or bathroom door and he refused to put them on.

 

We agreed prior, that I would be replacing the poor quality/broken supplied chest of drawers and mattress with my own.

 

Communal areas were unusable due to the offensive cigarette smoke, which came into my room. I knew i could not remain living there.

 

Day 4: I told Trevor that I was uncomfortable there and the smoking indoors bothered me a lot and I did not realise he smoked inside as the balcony is just off the living room.

 

Day of the move: I moved my things out then brought back a replacement mattress and drawers, both in better condition than original.

 

Problem:

 

Now he is saying the items are not the same. That i have made a chip in ,the wall. He is witholding my remaining rent. Says he needs 28 days to return my deposit. And wants compensation for the chip and furniture.

 

I think I will need to file a Letter before action for rent and deposit. I have text messages, advert, witnesses and bank transfer. Can i get my money back?

 

Please help!

 

Thank you in advance.[/quote

 

 

 

 

GOOD MORNING ALISON]

 

 

when you first viewed the property did you not realise this trevor was not a suitable person to share with.

before paying monies without a contract.

I realise renting a room does not afford you the same protection as renting a self contained flat but you should still expect a contract, the landlord can purchase a pre printed legally accepted contract from a well known high street newsagents for under £10. for all types of lets furnished/unfurnished

 

 

PS

are we allowed to mention first names ( trevor )

[Guest Alison82]

Hi Shirley. Dont worry Trevor is not his real name.

 

I did have a viewing but looking back on it it seemed quite staged, he had set his bath so I couldn't really look in the bathroom to notice the cobwebs, no lock and hole were a lock should be (so anyone could look in and see you on the loo)

 

The windows were all open that day so the smoke had aired out, but when I moved in it was a colder day so everything was closed and thats when I noticed. With regards to the kitchen and hallway I did not see the how dirty it was until I was using the facilities, when I went to put something in the oven I saw how dirty it was plus all the hairs!! (I do understand that ovens get build up time to time but you wouldn't expect to find hairs in there).

 

Sorry if there are typos I'm typing this on my phone

Edited September 10, 2014 by Alison82
quote

[stu007]

Hi Alison82

 

If you are considering sending a Letter Before Action you need to be prepared to follow it through to court if the LL fails to respond.

 

You also need to consider what mariner51 has said in post#4

[ericsbrother]

Does "Trevor" own the flat or is he a tenant of the owner? If the latter does he have a right to rent out a room (i have yet to see a tenancy agreement that gives this right but many exist that allow flatshares if the new occupants go on the tenancy or make the head tenant entirely liable for everything).

I would suspect that Trevor doesnt have anything that allows him to rent out a room or enter into a flat share agreement and this gives you considerable leverage in terms of demanding your money back but also makes it likely that he cant afford to live there on his own so may not have the money to return to you. this makes it a gamble in deciding whether to sue him for the money.

As for the furniture, who owns it?

It all sounds like Trev is on a sticky wicket and making you pay for any preceived bill that may accrue in the future that he is responsible for.

As for a contract, if you have been mislead significantly there is a thing called repudiation of contract and that would entitle you to leave as you have without penalty or the necessity to pay for the month.