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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I was living in a property that I recently moved out of after

Customer Question

I was living in a property that I recently moved out of after 3 months of stay and the person who was holding my deposit is refusing to return my full deposit. I was just renting a room in this property. Here are the questions I have:

1. I was living in a house with a lodger. The letting agent of that property had arranged such that he may stay in the living room a handful of days in a year, is he legally obliged to put my deposit in the deposit protection scheme?

2. How binding is a verbal agreement with such an agent if I gave him over a month's notice before moving out? There may have been an implied expectation to stay for 6 months but because a few things in the property were not in order/broken and the place was overpriced for that, I decided to give a month's notice and move out in 3 months.

Look forward to hearing from you soon.

Thanks,

Harpreet
Submitted: 3 years ago.
Category: Property Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

As a lodger, you are not a protected tenant and as such, there is no requirement to protect your deposit and place it in the deposit protection scheme.

The verbal agreement is binding but difficult to prove what was agreed.
If you gave a months notice, that is reasonable unless you absolutely agreed to staying for the duration of 6 months.

You may make a court claim online at www.moneyclaim.gov.uk against the agent for the refund of your deposit and I expect them to pay up when they receive court summons.

Can I help further?


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