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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71030
Experience:  Over 5 years in practice
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My tenant moved in to my house without agency involvement

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my tenant moved in to my house without agency involvement she was a family friend and didn\'t want me to do credit checks she has lived there for 3 years she moved out recently and I returned her months (advanced ) deposit in cash as requested. Now she is threatening me because she says I didn\'t secure the deposit and wants part of the last months rent back (she was living in the house for 2 weeks of that month, we gave her £100 good will gesture. I don\'t believe I have to give her any part of the month rent while she living at the house & she left it without cleaning carpets etc or maintaining the house to the standard she got it in can she take me to court even though she has been given her deposit back,. any advise would be appreciated june

What would you like to know about this please?

Customer: replied 1 year ago.
i want to know if she can sue me, even though she has had her deposit back, she says I owe her rent cos she moved out early, and if I don't pay her, she will sue me for further compensation because I didn't keep her deposit in a "secure" thingy

How much notice did she give?

Customer: replied 1 year ago.
she paid her rent for august, and left on the 14th, we gave her the £550 deposit on that day and then we sent her a letter with £100 in there, as a good will gesture & told her we wouldn't be refunding any other pay of the rent, as she didn't keep to the tenancy agreement and left the house in a dirty state, I have pictures
Customer: replied 1 year ago.
my number is *****

Ok. So how much notice did she give?

Customer: replied 1 year ago.
HiI was selling the house and gave her 2 months notice she then found a house she want to move to, I agreed she could leave early, and that we could come to an arrangement to give her some of the rent, if I was satisfied with the condition of the house, I wasn't I have photos and spent hours cleaning the place for the new buyers, but she got her deposit the day she left, I also have text messages stating the money she may be expecting and the money she might get could differ in amounts, she sent a letter telling me she will sue me if I don't give her the "Overpaid rent" and I said I Don't owe her anything else when she moved into the house she didn't want to deal with an agent and as she was a friend of my daughter I allowed her to moved in (We gave her a week extra without her paying rent) I told her then that I would keep her deposit in my account and give her it back the day she moved out, recently when selling house she didn't want to give access for a viewing and I went to see her she asked about her deposit then and I reminded her of the above conversation, and the fact that she didn't want her husband name on the tenancy agreement either and told her again that she would get her deposit back the day she moved out.


What I need to know is how much notice she gave?

Customer: replied 1 year ago.
she give me any notice I gave her 2 months notice, then when she found a house she said she wanted to move, maybe 10days I have the texts sent between us


When she told you she wanted to leave, how long was that before she actually did?

Customer: replied 1 year ago.
about 10 days please don't ring me, im not willing to pay anymore, I just want an answer to the question can she sue me for more money even though she has had her deposit back, just because I didn't secure/insure the deposit in the 1st place, she wont sue if I give her the rent she claims I owe, her
Customer: replied 1 year ago.
i have to leave now, im going home, i will go back online when i get there thank you

I will need to ask some relevant questions before I can answer. It would speed things up if you could just give me the answers to the questions I ask though without any other information. I can always ask for more if that becomes relevant.

Were you able to replace her swiftly?

Customer: replied 1 year ago.
I didn't replace her, she was informed in Feb that we were putting the house up for sale I gave her 2 months notice when we sold it,

In that case, you are not liable.

She is a lodger not a tenant so the deposit rules don't apply.

She can give notice to bring the contract to an end sooner than your two month notice but not ten days.

She would need to give notice of at least fourteen days and probably nearly one month. You are entitled to keep any pro rata payment to cover that period.

Can I clarify anything for you?


Customer: replied 1 year ago.
no she was a tenant I didn't live there I got rent of £550 pcm for 3 years on the 1st of every month (except when she was late) I gave her 2 months and she left before that time was up, I gave her the deposit back on the 14th when she handed back the keys, and she thinks she is entitled to part of the rent back, she wants this money, And if I don't pay her within 14days she says she will sue me both the "overpayment of rent" & because I didn't secure the deposit. can she win ?

Not for overpayment of rent.

She may have a claim for three times the sum of the deposit but it is not likely she would get any more than the sum of the deposit.

Customer: replied 1 year ago.
but she has have the deposit already, why would she get anything. I didn't keep the deposit I gave it to her on the day she handed me the keys back.

She may have a claim for three times the sum of the deposit but it is not likely she would get any more than the sum of the deposit.

If you didnt secure the deposit and this is a contract to which the deposit protection scheme applies then it doesn't matter whether you have returned it or not.

Customer: replied 1 year ago.
even if she knew the deposit was never in the scheme in the first place, so if I pay her the Overpayment of the rent she wont sue me, that's the gist of her threat
Customer: replied 1 year ago.
how would I know if the contact is one that the scheme applies too, its not in the tenancy agreement

No. The obligation is upon you not on her.

I wouldn't pay her the overpayment. It won't mean she can't claim.

the obligation is upon the landlord not on the tenant I'm afraid.

I'm happy to continue with this but please rate my answer.

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