Tenancy Deposit Refund (Live-in landlord)

[stu007]

Hi

 

If you had a Shorthold Tenancy Agreement then that is exactly what it is. (do you still have a copy of it) as that live in Landlord can't suddenly say you are a Lodger as you should then have a Lodger Agreement not a Shorthold Agreement.

 

If you do still have a copy of that Shorthold Agreement can you post a copy up here for use to see what it says redacting any identifiable information
see our How to Upload.

 

Were you paying Council Tax?

 

If this is a Shorthold Tenancy Agreement this you should consider contacting that Local Councils Private Renting section and asking them if the Landlord is registered with them as most Landlords in the UK now need to be registered with the relevant Local Council (note this is not a requirement if a Lodger and a Lodger Agreement in place) the reason we need to see your actual Agreement.

 

If you do have a Shorthold Tenancy Agreement then your deposit is required to be protected in a Tenancy Deposit scheme and you are required to be provided with a copy of the prescribed Terms of that Scheme by the Landlord (note this is not a requirement if a Lodger)

 

If your Agreement is as a Lodger then I am afraid the only way for you to get your Deposit back from that Live in Landlord would be to
take them to Court and you would firstly need to send them a Letter Before Action (LBA)

[stu007]

Hi

 

Well just read the Tenancy Agreement and the Live in Landlord has shot himself in the foot here as you are correct due to that Landlord being a Live in Landlord you can't hold an AST therefore that AST Agreement that the Live in Landlord got you to sign is wrong.

 

Yup you are still going to have to go Court route for return of your deposit and issue an LBA first.

 

Also have a wee read of this link:

 

Rights of subtenants who live with their landlord

WWW.CITIZENSADVICE.ORG.UK

---

Rights and responsibilities of subtenants (excluded occupiers) who live with their landlord.

 

[stu007]

Hi

 

Just something else to consider as well from reading your Agreement with this Live in Landlord.

 

Rent Means Clause:

 

£900.00 per calendar month. Include all Utility Bills (Council Tax, Electric, Water & Gas)

 

How can you be sure that the Live in Landlord actually notified the Council Tax Office of the relevant Local Council that you were actually living there? (bear in mind in the UK it is the individuals responsibility to ensure they contact the council to check this i.e. it was your own responsibility to make sure this was correct with the relevant local council but you have it stated in your Agreement with that Landlord which put this Landlord in a difficult position)

 

What you could do is contact the Local Council to check that this Live in Landlord had actually notified them that you were resident in his property with that Agreement stating that Clause.