Lodger Deposit Dispute

[moomootortoise]

Hi, apologies if this question has already been asked - I've searched and haven't been able to come up with anything answering my questions. Any help would be greatly appreciated, I'm in quite a muddle!

 

I was a lodger in a landlady's house for two months last year. I paid a deposit of £420 and signed a lodger licence agreement (relevant clauses given below). My landlady is now refusing to return my deposit for the following reasons:

(1) A month's prospective rent (£420) lost because my room was in such a state that she was unable to show the room to prospective tennants and was unable to get a tennant to take my place as soon as I left.

(2) A week's worth of lost earnings (£500) that she suffered due to induistrial cleaning (carried out by herself) of the property after I left it in 'an incomparable state of dirtiness and smell'.

(3) An additional week's worth of prospective rent (£105) she lost out on because of the week she spent cleaning.

 

With respect to claim 1, while my room was untidy, it wasn't unclean, and I was never notified, in person or writing, that my room was in an unacceptable state and that this was stopping her from advertising the house. She acknowledges this and alleges that it was because I was unapproachable while I was living there. Also, she made this allegation just two weeks after I left the property.

 

With respect to claim 2, I have dated video evidence from the day that I moved out showing the house to be very clean and tidy, that counteracts the claim that it was in the state that she alleges (though I can't prove it didn't smell, I do have a signed witness statement from a tennant that left two days before me saying that the rooms didn't smell when he left).

 

I have three questions (with some follow-ons!):

Firstly, is the landlady's claim of a loss of 'prospective' rent a reasonable deduction from the deposit?

Secondly, shouldn't she have said something to me, in writing or in person, if she what she's saying regarding lost rent, is true? and if so, does the fact that she didn't do this invalidate her claim?

Thirdly, assuming that my video evidence shows that the room was clean (which I believe it does), is there any traction to claims of smell? and if so, would it be 'reasonable' to claim for five days of her own time spent cleaning for that?

 

Any elucidation on any of these issues would be greatly appreciated.

 

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Pertinent clauses in licence agreement:

* Deductions from the deposit can only be made to cover any reasonable costs incurred by or losses to him by any breach of the lodger's obligations under this agreement'.

From what I can see in the agreement, the only clauses she can claim I breached are:

(1) Keep the interior of the room in a good and clean state and condition and not damage or injure the property or any part of it.

(2) Yield up the room at the end of the term in the clean state and condition it was in at the beginning of the term

(3) Not do, or omit to do, anything on or at the property which may be or become a nuisance or annoyance to the Owner or any other occupiers ...

[mariner51]

Why did you leave? you gave due notice, evicted by LL or at end of licence term?

 

 

Since lodger deposits do not have to be protected, your only recourse, if negotiations fail, would be SCC.

 

 

I would suggest LL may have some claim. She may have taken her own photo's.

Did you spend all your time in your room or did you have use of 'common areas' eg kitchen?

 

 

Cleanliness is in the eye of the beholder. The kicker is clause (2)

[moomootortoise]

I left after giving due notice, and I'm in the process of submitting a claim now (I'm sending the POC this week but wanted to clarify my position before doing so) having had negotiations fail. I used common areas (as did the other two tennants living in the property at the same time as me), but she only related problems with the state of the bathroom and my bedroom.

 

I know what you mean about cleanliness, but I've shown the evidence to other people that I know have far higher cleanliness standards than I do and they agree with me that it was clean. I find it really doubtful that it could have taken her five days to clean the rooms, and the agreement only states that reasonable costs are recoupable, so even if the court agree that some of the costs are accepted, I don't think I feel that her costs should be reduced.