Landlord questions
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Discussion

Taita

Original Poster:

7,949 posts

226 months

Saturday 15th August 2009
quotequote all
Hello,

I currently rent a room in a house where the landlady lives also. I pay 350 a month and paid a 200 quid deposit up front.
It is paid directly into her current account via DD each month. No contracts were signed (I imagine this is the problem - I've lived her 4 months now, can I just ask for one now?) and the deposit is not protected under the AST scheme (not 100% whether it needs to be).

I am starting to get a bit pissed off with the way she speaks to me and generally treats me in general. I've pulled her up about it a fair few times and am beginning to think about moving on.

She's made a couple of comments that have made me think that she would try and play silly buggers - keeping deposit etc etc. If I were to just pay £150 instead of £350 in the last month I honestly reckon she would try and nick my key / change locks etc and dump my stuff.

I am making extra copies of the keys just in case she nicks them, and am migrating anything v important offsite.

Where do I stand with her changing locks / dumping my stuff / trying to keep deposit? I imagine it all hinges on having a contract, but is there some law I'm not aware of? 'Thou shalt not deny access to people's home' etc?

Cheers!

Mobile Chicane

21,821 posts

235 months

Saturday 15th August 2009
quotequote all
If there's anything that's really going to get her back up, 'going all legal' has to be it. You can bet she's not declaring the rent she gets from you to the tax man, for one thing.

I'd give notice and invent an excuse to keep her sweet - found somewhere closer to work / moving in with hot new girlfriend, etc, etc. Be nice as pie for the last month and ignore any jibes - that way she can't feel psychologically entitled to keep the deposit.

If, once you've moved out, she's still witholding it, turn up with some menacing looking 'friends', then ask again.


peterguk M500

2,615 posts

240 months

Saturday 15th August 2009
quotequote all
Mobile Chicane said:
You can bet she's not declaring the rent she gets from you to the tax man, for one thing.
I don't think she has to, providing she receives less than about £5K p.a.

Scraggles

7,619 posts

247 months

Saturday 15th August 2009
quotequote all
check out the CAB as she is under the £5k limit tax man will not care

Taita

Original Poster:

7,949 posts

226 months

Saturday 15th August 2009
quotequote all
Hmmm, should she not be co-operative I have a few incentives planned anyways.

Think I will save up another deposit and put it down on another place, then get my deposit back from here.

My notice letter will probably be:

Dear XYZ,

This letter is my 30 day notice for XYZ address. Please return by deposit within this period, should you require to withhold some of this you need to put this in writing with reasons and justifications within 7 days.

Thanks
Taita.

Red Devil

13,441 posts

231 months

Saturday 15th August 2009
quotequote all
As it is her house you are living in and the monthly rent is just under the relevant £4250 per annum ceiling, I strongly suspect you are a lodger under the Rent a Room scheme. You have very few rights compared to a statutory tenancy.
A written agreement is desirable but there is no compulsion to have one. She can ask you to leave anytime she wants.

These may help you understand both sides of the equation
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/Ta...
http://www.landlordzone.co.uk/lodgers_rent-a-room....

The rent is very unlikely to be paid by Direct Debit btw. I think you're confusing it with a Standing Order. If it is by DD then she is much more likely to be running it as a business which muddies the waters somewhat.

Edited by Red Devil on Saturday 15th August 15:09

Taita

Original Poster:

7,949 posts

226 months

Saturday 15th August 2009
quotequote all
Red Devil, you are right, I mean standing order.

So she can give me 15 mins notice?

Scraggles

7,619 posts

247 months

Saturday 15th August 2009
quotequote all
15 mins could be generous and of course no rights to the OP, suggest that moving all valuable out is a good idea, by valuables, everything that will not fit in a car if asked to move out

Quick silver

1,387 posts

222 months

Saturday 15th August 2009
quotequote all
Taita said:
Red Devil, you are right, I mean standing order.

So she can give me 15 mins notice?
Also, you have full control over payments.

touching cloth

11,706 posts

262 months

Saturday 15th August 2009
quotequote all
Taita said:
Hmmm, should she not be co-operative I have a few incentives planned anyways.

Think I will save up another deposit and put it down on another place, then get my deposit back from here.

My notice letter will probably be:

Dear XYZ,

This letter is my 30 day notice for XYZ address. Please return by deposit within this period, should you require to withhold some of this you need to put this in writing with reasons and justifications within 7 days.

Thanks
Taita.
You won't get any deposit back during your notice period, only once you have left surely.

Scraggles

7,619 posts

247 months

Sunday 16th August 2009
quotequote all
smart people deduct the deposit from the last month's rent, she could sue u for it, but not likely

ymwoods

2,194 posts

200 months

Sunday 16th August 2009
quotequote all
if you don't have a contract then yes she could give you seconds warning of you moving out but this will also work the other way. I would save up another deposit whilst being as good as gold for her and putting up with it then move out with a few days notice...that way your not going to be stranded. in Terms of your deposit if she does turn round and say she isnt giving it back and you dont wish to bang it through the small claims court just put it down to experience and never move in without a contract!

Edited by ymwoods on Sunday 16th August 02:02