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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70179
Experience:  Over 5 years in practice
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I have a deposit room that I was asked to hold

Customer Question

I have a deposit for a room that I was asked to hold for an approx period of 6 weeks. This is for Taiwanese student studying an English course on a student visa that expires in November. She informed me of her intention to carry on studying a masters degree on completion of the current course.
She has since told me that she has now changed her plans and has a full time job to attend and will not be going to studying.
I asked her if she would have the relavent working visa required of which she could not give me a definitive answer.
As she could not confirm her visa status I told her that I was unable to support her plans to work as this would cause uncertainty on her stay and long term commitment (6-12 months)!as my original advert had asked.
Do I have to legally return her deposit? She has threatened me with the police and court action.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Please don't worry. The police will not be interested although, sadly, they will not give her a wasting police time fine even though an attempt to report what is plainly a civil matter is one of the clearest instances of wasting police time imaginable!
She may pursue court action.
If she didn't give you proper notice then you are entitled to keep her deposit. You are under an obligation to mitigate your loss by seeking another tenant and if you are able to fill the placement then return her deposit on a pro rata basis.
But she cannot just give you notice of a short period and expect her money back and make threats of the police if she does not get what she wants.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Firstly she didn't move in. She gave me the deposit to hold the room on the 01/07/15 and wanted to move in on the 17/08/15. On the 11/08/15 I suggested she come around to discuss when she would move in and to check everything was ok.
It was then that she informed me of her plans to work and not to study and this issue regarding he visa and long term commitment began.
I was rather put out that she had changed her plans and not told me sooner.
Can she persue me in court in light of the above and that there is no proof of a deposit changing hands?
Expert:  Jo C. replied 1 year ago.
Yes, she can.
A deposit did change hands so you cannot say it did not.
But she only has the claim I mentioned above.