Renting privatly

Cheetah Designs · 23 Oct 2012 at 14:43

I've found a place to stay where I am just renting a room within a house, so its a live-in landlord.

I've asked and they are not holding the deposit with a company.

Should this be ringing alarm bells? What are my rights should there be a disagreement when I leave?

I am asking here as I don't have time to get in contact with CAB.

Thanks.

Theophany · 23 Oct 2012 at 14:45

Yes.

http://england.shelter.org.uk/news/april_2012/deposit_protection_law_changes

Judgeneo · 23 Oct 2012 at 14:46

Yes it most certainly should be ringing alarm bells, how long have you been in the property? If the landlord does not register the deposit within two weeks then they are acting illegally.

I'm currently involved in a law suit where my ex-landlord didn't register our deposit or return it when we left.

Cheetah Designs · 23 Oct 2012 at 14:49

Theophany said:
Yes.

http://england.shelter.org.uk/news/april_2012/deposit_protection_law_changes

Thought that only applies to assured shorthold tenancy which this is not as the landlord live in?

BuffetSlayer · 23 Oct 2012 at 14:49

You will have no recourse. Officially the money never existed - or they can say it didn't at least.

But I believe it is illegal for them to act in the way they are doing as they have to declare the deposit, but I am sure some of the legal peeps will pop in and clarify.

Buff

Amleto · 23 Oct 2012 at 14:51

live-in landlords => not AST => no legal rrequirement for DPS afaiaa, but ianal.

Cheetah Designs said:
Thought that only applies to assured shorthold tenancy which this is not as the landlord live in?

agree.

Amleto · 23 Oct 2012 at 14:54

BuffetSlayer said:
You will have no recourse. Officially the money never existed - or they can say it didn't at least.

But I believe it is illegal for them to act in the way they are doing as they have to declare the deposit, but I am sure some of the legal peeps will pop in and clarify.

Buff

first para: rubbish

second: I disagree. OP does not have an AST...

If OP has a document signed by both parties stating deposit amount and that it has been received, then there is recourse through a small claims procedure.

Amleto · 23 Oct 2012 at 14:55

The legislation covers virtually all new AST contracts through which private landlords let property in England and Wales.
However, the following will not need to be registered with a tenancy deposit protection scheme:

resident landlords (those living in the property)

https://www.depositprotection.com/legislation

BuffetSlayer · 23 Oct 2012 at 15:02

Amleto said:
first para: rubbish

second: I disagree. OP does not have an AST...

If OP has a document signed by both parties stating deposit amount and that it has been received, then there is recourse through a small claims procedure.

Sorry, the OP was a bit vague I assumed (perhaps wrongly) there was no written agreement that had been signed.

On the legal side, I did say that I wasn't sure to be fair.

Buff

Theophany · 23 Oct 2012 at 15:04

My bad, didn't realise it wasn't an AST. Regardless, I'd still be very concerned about what may happen to the deposit come moving out time.

AFK_Matrix · 23 Oct 2012 at 15:13

The OP is a Lodger and has very few rights. The only way to get the deposit back would be through the small claims court.

Amleto · 23 Oct 2012 at 15:48

it's not the only way - you can ask for it too!

sbi5ar · 23 Oct 2012 at 15:51

NEVER EVER EVER RENT WITH A LIVE IN LANDLORD!

EVER!!!!!!!!!!

Clav · 23 Oct 2012 at 15:53

Have you got any reason to think that you won't get the deposit back?

taB · 23 Oct 2012 at 16:26

Amleto said:
https://www.depositprotection.com/legislation

Interesting to see that, thanks. I had an issue with a tennant living in my spare room a few years ago where they withheld their last months rent because the deposit wasn't in a DPS scheme. I had thought that a seperate bank account with the amount in that was acknowledged and signed by us both was enough but they didn't agree. I had asked them to move out though so it was not too big a price to pay in the end.

My DPS story is more wierd. Having been through the previous faff I got it set straight up for the next lodger (a mature student). In true student form and despite a number of contact attempts the money is still in the DPS scheme 2 years after she moved out. I have told the DPS there was no claim to it from my end and they refuse to send it to her without her acknowledgement. I think she wanted me to have it as I was buggered about when she left (stayed an extra couple of weeks in the box room) but never actually said so and in any case I don't want it. It really annoys me for 2 reasons: she always had money issues and more than that the DPS won't let me close my account despite moving house and not renting out any more. I guess the money will be there indefinately.

Cheetah Designs · 23 Oct 2012 at 16:27

Clav said:
Have you got any reason to think that you won't get the deposit back?

Not really, the landlord seems nice enough. But it is a lot of money (1.3k)...well I think its a lot anyways.

Monkey00 · 23 Oct 2012 at 16:29

I used to live with a guy, similar situation, I left a few months before my tenancy ended and he said he was keeping the money. I hadn't damaged anything, it was all as it was. He later said that he didn't have the money at the time, I said I don't need it right now, just when you can, few months later I got a cheque in the post. I can imagine he hadn't declared it either.

psyk_one · 24 Oct 2012 at 09:50

sbi5ar said:
NEVER EVER EVER RENT WITH A LIVE IN LANDLORD!

EVER!!!!!!!!!!

Strong response! :eek:

Having witnessed a friend with a live in landlord, it's just too awkward. Can't relax properly as you feel like they're watching everything you do. However, it's all some can afford in some areas.
It's alright if they have a busy working life and not home all the time and every weekend, but if they're retired and are home 95% of the time then it's not the best.

BDEE · 24 Oct 2012 at 09:53

sbi5ar said:
NEVER EVER EVER RENT WITH A LIVE IN LANDLORD!

EVER!!!!!!!!!!

Why not?

I am a live in landlord have have been successfully doing so for a total of about 5 years. Had three lodgers and they have never had any issues with me.

Will be moving onto my 4th soon though as I am fed up with this one not taking a shower and smelling all the time....

Oh and no, there is no need to keep deposit in DPS. But then I only take a really small amount from mine anyway.

Maccapacca · 24 Oct 2012 at 09:58

sbi5ar said:
NEVER EVER EVER RENT WITH A LIVE IN LANDLORD!

EVER!!!!!!!!!!

We spent three years with a live in landlord, he converted a big house into 3 'portions' not flats but own individual space with bathrooms and kitchens but you shared communals and parking, pool, garden etc

It was great no bills everything built in, ability to have as much heat and hot water as we wanted without worrying about bills.

Renting privatly

Tea Drinker