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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 32222
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I live in a flat which was part of my dalary £1050 pcm rent,

Customer Question

Hi, I live in a flat which was part of my dalary £1050 pcm rent , in June 2020 my employment was terminated , however I continued to pay my previous employer cash from savings up until april 2022 when I received a letter stating the tennency had been relinquished 4 months prior(dec2021) so I had basically 14 days to vacate ??
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: Wembley London..I managed to secure tennency in my name yet they want another 1050 deposit which I payed to secure the tennency for my employer to continue renting on my behalf ?? Do I have to pay again??
JA: Has anything been filed or reported?
Customer: Yes everything
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: its a simple question ..should I have to pay another deposit as I am the same tennent in the same property?
Submitted: 14 days ago.
Category: Property Law
Expert:  Joshua replied 14 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 14 days ago.

I am sorry to read of the above. May I confirm what has happened to the original deposit you paid assuming you did pay a deposit originally, under the original tenancy please?

Customer: replied 14 days ago.
The tennency is basically rolling in to my name & yrs I did pay the deposit though the tennency was in my ex employers name but he hasn’t had it returned?
Expert:  Joshua replied 14 days ago.

thank you. Can you explain in the little more detail your comment that the deposit was in your ex-employer's name please? for example did you pay the deposit personally or did your employer pay it on your behalf?

Customer: replied 14 days ago.
I found the flat & payed the deposit to my employer which was used then he paid the rent up until Apr 2022 I set up a direct debit in my name in April & paying rent in my name since …now the landlords have asked me for another £1050 & another months rent in advance though the rent is already up to date with the month in advance paid before aswell ??
Expert:  Joshua replied 14 days ago.

  1. thank you. once the previous tenancy agreement entered into in your name whereby you were named as the tenant or in your landlord's name?
  2. if the latter, on what basis did you subsequently occupy the premises? For example, did you employer sublet the property to you?

Customer: replied 14 days ago.
1. The tennency was in his name
2-Thé flat was a stipend with my job included in salary
Expert:  Joshua replied 14 days ago.

  1. So the landlord sublet to the premises to you? Was that with the landlord's consent?
  2. was your employer a limited company or did he rent the property as an individual do you know?
  3. Did your employer issue you with any form of formal tenancy agreement?
  4. Would I be correct to presume that your employer did not live with you in the premises?

Expert:  Joshua replied 13 days ago.

do you have any further information available in respect of the above please?

Customer: replied 12 days ago.
He didnt live there .He no longer holds the tennency ive continued to live her paying the rent in full & on time .
Now they want another 1050 & 1 months rent 1050 ..2100 just to live in the same place I’ve been paying for since June 2021 ???
Customer: replied 12 days ago.
June 2020 sorry .
Expert:  Joshua replied 12 days ago.

thank you. The situation you describe would on the face of it appear to amount to your landlord procuring a tenancy and then in turn subletting to you whereby you have a situation where you have the owner - > Your employer acting as tenant -> you as a sub tenant.

Your sub tenancy would amount to an assured short hold tenancy whether or not there is nothing formally agreed between you in this respect unless your employer can show that it was essential for you to live in the property in order for you to perform your job which I cannot see would be the case based on what you say above.

Unless the above applies in which case it would make you a service occupier, then your employer should have protected your deposit within 30 days of receipt and if they fail to do so, then they would be liable to repay you the deposit together between one and three times the amount of deposits in compensation. In any event, the employer would be responsible for refunding the deposit at the end of the tenancy

Customer: replied 12 days ago.
Thank you so much for your valuable advice .
Kindest regards *****é-Boize
Expert:  Joshua replied 12 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Expert:  Joshua replied 12 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.