How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

I rent accommodation and a tenant on a licence to rent a

Customer Question

I rent accommodation and a tenant on a licence to rent a room has recently moved out. During the checkout she has recorded the conversation between us without asking for my permission.
She is unhappy that I did not register her deposit of £500.00 and the bill incurred from the check out amount to service charges for utility bills and not paying rent on time.
elizabeth
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
I emailed her payment statement 8th August outlining the payments to date and clearly highlighting in red the late payments, which will incur a charge. One payment was seven days late and the second 8 days late. The agreement states clearly late payments of 7 days or over will incur a charge of 2% above Lloyds base rate. I have considered her response to the late payments as being didn't realise the payments were late as falling outside a response that would be acceptable for late payments. I received an email from her accepting utility bills up until the 31 August checkout date and rent due until the 31st as she left on the 20th August.Bills covered in agreement to share a portion of responsibility for payment. Her bills have been settled in time during the year.
I am very concerned that she has recorded the conversation without permission and want to access where I stand legally.
Expert:  F E Smith replied 8 months ago.

It is not illegal to record conversation without the person’s consent provided for their own use. Could not be used for commercial purposes without your consent could be used in litigation.

I don’t know whether that was your question or not or ifyou wanted to know something about deposit and the late payments .

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

Customer: replied 8 months ago.
Thank your for your response, I appreciate it.
Can you confirm if I needed to insure the deposit under a licence to rent a bed room, the Kitchen and bathroom where both shared. I have been renting accommodation for some years but have just started renting rooms. I bought the Licence document on line and understand now that it falls outside of the housing regulations, since finding this out I started issuing to tenants going forward, with an AST. I just want to be clear that this was in no way legal avoidance. If I have fallen foul by issuing this document, what are the penalties, all cleaning charged, checkout charges have been waived. The standard of the accommodation is high, I have been managing all the meter readings and paying bills at no extra charge. I have been paying the bills and issuing invoices to the tenants, of which there are three in this accommodation.
As I understand it if a deposit is not registered under an AST there is no legal right to make charges for damage or missing inventory items. Can you outline to me where I stand with the licence. An end of tenancy invoice was issued, the charges were for utility bills which she has agreed to pay in writing, the late payments and the short fall on the rent as she moved out 11days before the end of the notice period. She agreed in writing to the rent short fall and the late payments and of course the bills.
During the checkout, I mentioned the late payment charge, but she is not agreeing to this but it was most certainly mentioned. But she did say as she was walking out the door "so its just utility bills to pay" and I said yes, which I assume she has on her recording. So verbal agreement over agreement in writing.Where do we stand with the accuracy of the recording, if she uses its, my word against hers. As I am not sure when the recording started, as she turned up early for the checkout, which at the time I did say you are early.I felt intimidated by her on occasions and was glad she was moving out, during this process she has made reference to being a bit blonde as she did not understand the invoice, which I felt was directed at me as she is not blonde. She carried out a viewing without permission when she know I was waiting for the lady and was ready for the viewing. The prospective tenant, did complain about some items in the room, which have not been raised with me, which in the end because of this matter I did not agree to this lady moving in. She has been trying to undermine me throughout this process.Regards
Elizabeth
Customer: replied 8 months ago.
Additional information, that recording has been passed on to a third party without the consent of both parties.
Customer: replied 8 months ago.
Additional information:
Tenancy started on the 19 September 2015 for 12 months with a 6 months break clause and one months written notice was required to terminate the contact.
Written Notice was given on the 1 August 2016 with an end date of the 31 August 2016, however she moved out on the 20th August 2016.
Expert:  F E Smith replied 8 months ago.

You don’t need to put the depositing the scheme if facilities or living accommodation is shared with the landlord. Facilities can be shared between tenants and it still be ASTs

The protection of deposits only applies to ASTs

Many landlords use licenses to try to circumvent the statutory protection afforded to tenants under the terms of an AST and the court will look behind the intention what it really is and the landlord is usually worse off by doing that if it really should have been an AST because if it should have been an AST and it isn’t, but it’s dressed up as a licence, it’s going to need a full-blown court application to get a tenant out.

The fact that she is past the recording to a third party is not really worth worrying about unless you want to spend an awful lot of money for something which is going to not produce a result.

If you want to pursue her for the late payment charge, you can only do it if it was included in the license agreement and it depends whether you want to go to the trouble of that and issuing Small Claims Court proceedings.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Please can you define what is deemed as shared accommodation between the tenants and landlord, as I live at the accommodation and there is a shared entrance with the tenant and if one of the rooms is empty we will work in there occasionally or use as storage, using the bathroom and the kitchen very occasionally.The late payments matter was covered in the agreement, which the tenant acknowledged. Can this licence be declared null-in-void if the shared accommodation is not covered, and if so will the late rental payments and the shortfall in the rent still be deductible from the deposit.Where do I stand with regard to the recording of the conversation and the verbal agreement versus the written.
Expert:  F E Smith replied 8 months ago.

We have spoken.

If you are ever making an offer to settle, and you don’t want it to come back and bite you as being any kind of admission, always mark the offer to settle “Without Prejudice save as to Costs”

In that way, they cannot produce it in court as any kind of admission that you would accept any lesser amount than you are entitled to or that you are liable in any way.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice