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Deposit In Licensed Property


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#1 the_dork

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Posted 22 February 2012 - 03:18 PM

Seeking advice..

My sister rents in a room in a private landlordís house. As per usual, such relationships end up strained as the owner feels it is Ďtheirí 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 monthís rent, even though this isnít an AST. As the deposit isnít 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

#2 zebbedee

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Posted 22 February 2012 - 04:00 PM

Seeking advice..

My sister rents in a room in a private landlordís house. As per usual, such relationships end up strained as the owner feels it is Ďtheirí 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 monthís rent, even though this isnít an AST. As the deposit isnít 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

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.
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Edited by zebbedee, 22 February 2012 - 04:08 PM.

As I wandered in the darkness a voice came unto me, it said "smile, be happy, things could get worse". So I smiled and was happy and behold, things did get worse.

"Credit is indeed vital to an economy, but it does not constitute an economy within itself. ... When businesses borrow to fund capital investments, the extra cash flows that result are used to repay the loans. When individuals borrow to spend, loans can only be repaid out of reduced future consumption."-Peter Schiff, Jan 19 2009; <a href="http://www.321gold.c...iff011909.html" My link

"The bold effort the present bank had made to control the government... are but premonitions of the fate that await the American people should they be deluded into a perpetuation of this institution or the establishment of another like it."-Andrew Jackson on the Second Bank of the United States

"The problem with socialism is that eventually you run out of other people's money."-Margaret Thatcher

"If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy. Of all the enemies to public liberty, war is perhaps the most to be dreaded because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes; and armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few. The loss of liberty at home is to be charged to the provisions against danger, real or imagined, from abroad." - James Madison

"Faced with the choice between changing one's mind and proving that there is no need to do so, almost everyone gets busy on the proof."
John Kenneth Galbraith

#3 the_dork

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Posted 22 February 2012 - 04:58 PM

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!

#4 zebbedee

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Posted 22 February 2012 - 05:39 PM

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!

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.
As I wandered in the darkness a voice came unto me, it said "smile, be happy, things could get worse". So I smiled and was happy and behold, things did get worse.

"Credit is indeed vital to an economy, but it does not constitute an economy within itself. ... When businesses borrow to fund capital investments, the extra cash flows that result are used to repay the loans. When individuals borrow to spend, loans can only be repaid out of reduced future consumption."-Peter Schiff, Jan 19 2009; <a href="http://www.321gold.c...iff011909.html" My link

"The bold effort the present bank had made to control the government... are but premonitions of the fate that await the American people should they be deluded into a perpetuation of this institution or the establishment of another like it."-Andrew Jackson on the Second Bank of the United States

"The problem with socialism is that eventually you run out of other people's money."-Margaret Thatcher

"If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy. Of all the enemies to public liberty, war is perhaps the most to be dreaded because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes; and armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few. The loss of liberty at home is to be charged to the provisions against danger, real or imagined, from abroad." - James Madison

"Faced with the choice between changing one's mind and proving that there is no need to do so, almost everyone gets busy on the proof."
John Kenneth Galbraith




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