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tenancy deposit scheme

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628 views 1 replies latest reply: 04 January 2016

Hi Im a lodger. Before I moved in I paid deposit which is on Tenancy Deposit Scheme, but Ive never get any confirmation or proof from my landlord. My contract was sign in for 6 months. My landlord gave me 1 month notice. But now she is telling me that I can get my deposit back after 4-6 weeks since I will leave her property and I dont have possibility to use my deposit money as a last mont rent. Unfortunately I sign in with contract that I agree for this 4-6 weeks time but she didnt mention anything where this money will go. How can I solve this situation? I know that landlord should give me a information about deposit and give it back after 10 days since I will move. But is it the same with tenant and lodger? Thanks for any advice.

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Hi Arleta

No, unfortunately the rules on deposits only apply to tenants with an assured shorthold tenancy.

In reality, if you left without paying your last month’s rent then the landlord would have no choice but to use the deposit to cover the rent. However, if there was damage to the property that you had caused then she could pursue you for the extra through the courts (whether she would bother to do this would probably depend on how much damage has been done – if any – and the cost of fixing it).

On the other side of the coin, if you have paid all your rent and she doesn’t return the deposit to you as she has said she will then you can make a small claim against her through the courts. Hopefully you have in writing evidence that she has your deposit and when she plans to return it. If she doesn’t return it then you should make it clear that you will start a court case against her – sometimes even the threat of that is enough to make a landlord take action. There’s info on how to make a court claim for your deposit here. I’m not a lawyer – if you have questions you can get some help from Citizens Advice.


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