Rented a room back in March 2014 - Using Spareroom.com - Tenancy Agreement and Deposit Protection

DJMK4

DJMK4

DJMK4

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Hi all,

I rented a room back in March 2014 which I am still in, I found it on spareroom.com, the lady who owns the properties owns 3 around the same estate.

I paid a £300 deposit, and 1 months rent upfront, which I had an email confirmation from her that I paid.

However I have no way of knowing what she has done with the money, I also don't have a formal tenancy agreement, neither do the other housemates.

I have emailed her asking if my deposit is in a third party government backed tenancy deposit scheme and if I could have any details, I am waiting on a reply. Also to see if I have a tenancy agreement, but something tells me not, otherwise I would have had this written up before hand.

Can anyone give me info to ensure my deposit is kept safe? I have the landladys phone number, name and home address details.
 
You should have signed agreements upon moving in to know where you stand.

In this instance, I think that the tenancy agreement resorts to a standard template of rights between tenant and landlord? This is with regards to notice periods and changes to the property - but very, very basic.

Regarding deposit; there are a few schemes this could've been put into. If it hasn't, I believe you are entitled to a larger sum in return than the original figure. 3x seems to ring a bell but not 100%.

Don't quote me on this, it's all from memory on what was a pretty stressful time for me early last year so details might be off. Hopefully it'll give you some leads to investigate or someone here can help with more concrete knowledge.
 
Thanks for the info so far, so it might be (will need to be clarified)

If she hasnt put it in to a deposit scheme, then I guess she is breaking some sort of law, and I will receive something back bigger?! how does that work.

Will have to do some more research
 
When a landlord puts the deposit into a scheme they have to put all your details in there as well.
I believe they then contact you to say they have it, and what to do in case there are any disputes. The fact you haven't got this would lead me to believe it isn't in one.
I believe they need to put it into a scheme within 2 weeks of taking the money.

As you don't even have a tenancy agreement this could all go pear shaped, get onto the CAB for advice.
 
This depends on whether you have a Lodging agreement or a Tenancy agreement. I have two rooms in my house with lodgers and I use the spareroom.com website to advertise infrequently.

As far as I am aware the former does not require a deposit to be placed in the DPS but she should be a 'live-in' landlord in order to qualify.
 
Haggisman said:
https://www.depositprotection.com/help/browse/custodial/tenant/about

Basically, she has 30 days from when you gave her the deposit to put it in a scheme.

If she hasn't then you can take her to court, who will then give her 14 days to either: give it back to you in whole OR put it in a scheme.

She MAY also have to pay you up to 3x the deposit.
Click to expand...

Thanks, only problem is the cost of taking someone to court here, apologies but not 100% clued up on court cost, lawyer costs etc.

She is not a live in landlord, she has 3 x properties in the estate which shared households. It was advertised on spareroom.com


She is sometimes hard to get hold of, I havnt paid this months rent yet, its usually due on 7th, however I am thinking about holding on to this until I get a response, would this be wise?
 
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Just checked with one of my housemates apparently she has emailed also, and is withholding this months rent until she receives her tenancy agreement and confirmation of the deposit in a tenancy deposit scheme
 
I doubt withholding rent would be wise. At the moment she has nothing against you and you can show that you are regularly and continuously paying her rent, if you are withholding rent then what's to stop her saying that you have no relationship at all seeing as you say you have no agreement.
 
Whats to stop her not contacting me at all? trust me you dont know this lady.

One of my housemates has been receiving water bills of up to £2k in her name! when she shouldn't even be on any of the bills (should be going to the landlady) directly, who looks like she hasn't been paying them.

She has been non-responsive to my other housemates.
 
your friend has the right idea in not paying months rent, you withold the amount of the holding deposit so you essentially get it back, but once she has provided a contract and proof of the scheme, you give the money back.

I have had a few agencies / landlords try mess me around, they appeared great at first, but once money gets involved, it's everyone for themselves. Personally I waited until the last month of tenancy then didn't pay the last months rent.
 
codec said:
your friend has the right idea in not paying months rent, you withold the amount of the holding deposit so you essentially get it back, but once she has provided a contract and proof of the scheme, you give the money back.

I have had a few agencies / landlords try mess me around, they appeared great at first, but once money gets involved, it's everyone for themselves. Personally I waited until the last month of tenancy then didn't pay the last months rent.
Click to expand...

Indeed, I have a copy of the email I sent her anyway, so if I ever need to use this as evidence as "holding payment" until I receive the agreement and deposit scheme. I got no problems releasing this payment when she responds with the details.
 
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