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the_dork

Deposit In Licensed Property

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Seeking advice..

My sister rents in a room in a private landlord’s house. As per usual, such relationships end up strained as the owner feels it is ‘their’ house and my sister has that lingering feeling. With this in mind, she has given notice to move.

However, she foolishly paid a deposit when moving in, 1 month’s rent, even though this isn’t an AST. As the deposit isn’t protected, how are any disputed amounts not paid back recovered? Is there a requirement to hold the deposit in the scheme? (this has not been done.) Or could any disputed amount be recovered by a civil case?

TIA

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[quote name='the_dork' timestamp='1329923938' post='3268138']
Seeking advice..

My sister rents in a room in a private landlord’s house. As per usual, such relationships end up strained as the owner feels it is ‘their’ house and my sister has that lingering feeling. With this in mind, she has given notice to move.

However, she foolishly paid a deposit when moving in, 1 month’s rent, even though this isn’t an AST. As the deposit isn’t protected, how are any disputed amounts not paid back recovered? Is there a requirement to hold the deposit in the scheme? (this has not been done.) Or could any disputed amount be recovered by a civil case?

TIA
[/quote]
Small claims, the LL must prove deductions from the deposit. She should claim costs and interest at the statutory rate up to judgement and he'll have to pay that as well if she wins (it costs £30 at the outset). Might be just enough, when he is served, to push him to return her money should it be needed. She should write to him requesting the return of her deposit with 2 weeks of the date of the letter, then if no deposit, write again including the phrase at the top 'Notice before action' requesting repayment and giving a deadline of 10 days. Date the letters.
https://www.moneyclaim.gov.uk/web/mcol/welcome Edited by zebbedee

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thank you sir

Am I correct in presuming that as with deposits in ASTs, courts will side with the tenants in the absence of any inventory/schedule to back up claims.

Literally the only damage is some very minor stains to walls from furniture etc being moved. Lick of paint max and even then I think it could/should be categorised as wear and tear.

Lots of shysters in this world!

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[quote name='the_dork' timestamp='1329929934' post='3268233']
thank you sir

Am I correct in presuming that as with deposits in ASTs, courts will side with the tenants in the absence of any inventory/schedule to back up claims.

Literally the only damage is some very minor stains to walls from furniture etc being moved. Lick of paint max and even then I think it could/should be categorised as wear and tear.

Lots of shysters in this world!
[/quote]
No inventory-no damage, the LL has no way of proving the condition at termination is not as it was at commencement. For me it would depend on how the LL had behaved as to how difficult I would be.

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