UK Landlord Forum / Life

Hi Guys,
I have a very serious matter to ask about.
My tenant is trying to sue me as he says that his deposit wasn't put into a deposit scheme.
From what I understood and still do, because my tenant lived in the same house as me even
though he had a lock & separate bathroom etc it would not count as an assured Shorthold Tenancy.
On the government website there seem to be two types and he falls into second:

"Occupiers with basic protection
You are likely to be an occupier with basic protection if you:

live in the same building as your landlord but you do not share living accommodation with your landlord
live in university-owned halls of residence
pay a very low rent or a very high rent"

There is nothing about having to protect deposit under this type.
The letter I got sent from some ambulance chaser who don't even seem to be real lawyers,
threatens me with legal action and asks for compensation. It quotes Section 214 of the housing act 2004,
As amended by Section 184 of the Localism Act 2011 & section 32 of the Deregulation Act 2015.
About tenant paying deposit & that it needs protection in a government scheme.

On the gov.uk site it clearly states that:

A tenancy can be AST if all of the following apply:

you're a private landlord or housing association
the tenancy started on or after 15 January 1989
the property is your tenants' main accommodation
you don't live in the property
....
Everywhere it says that if you share a house with your landlord,
regardless of sharing facilities or not, you are not on AST and
thus the deposit does not need protecting.

So where I ask does the ex tenant get off demanding a payment
(I'd say pay off) from me and the remainder of his deposit, after he
Trashed the room and didn't pay his electricity.
I was really shocked to receive this left and panicked, but then I read
my rights again, now I'm righteously angry!

Any advice? Do I need a lawyer? Do I just right back a letter, saying he has misled them?
I'll be grateful for anyone who has gone through similar or knows what I need to say, thanks!

What does Shelters tenancy type checker say?

http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

Be wary of advice from a blog (especially my own)
Do your own research

Hi LondonerGirl
You clearly have done your own research and good for you.
You are most certainly categorised as a Resident Landlord and therefore it is legally impossible to set up an AST between you and your Lodger - lodger not tenant.

Therefore there is no requirement to protect a deposit

So excellent work - time to get even...

You can write back an absolutely sh!tty letter letting the scumbags know in no uncertain terms that you are not going to be rolled over or my preferred approach is to simply let them waste time and money ignore everything they are doing.

Well done!

I responded to another post some time ago: link here
https://www.landlordforumproject.co.uk/landlord-advice-help/tenants-taking-us-to-court/
It included the following advice:

However I suspect you want to put this episode behind you so simply send back a letter:
""
Dear Shitbags,
After taking legal advice we submit that pursuant to the 1998 Housing Act the tenancy agreement was neither an Assured Tenancy nor an Assured Shorthold Tenancy Agreement and therefore chapter 4 of the 2004 Housing Act does not apply.
Get stuffed you parasitic sh!ts

All my Love
Victoria
""


Landlords 2 - Scumbag tenants 0

Thanks to you both!
Riptide, didn't know they had that! But yes went though it and got: "Result: You are an occupier with basic protection"

TheAngryLandlord, I was actually thinking of naming myself angry Londoner girl or something, your name is how I feel!
Thanks for the compliment, I spent all evening reading about a billion things. Only to be reminded that I red the same things
before, I had been sure I hadn't needed to protect the deposit so he caught me by surprise.

I was debating weather to just send the letter myself or go to a lawyer, spoke to one this morning. Although does not really sound
like I need one.

I'm just amazed by the arsholeness of this guy. He was constantly nagging us when he lived here. He gave as less then a weeks notice on leaving and then he pulls this!
A right piece of work.

Well better be off to write my letter of righteous fury!

Or delight in ignoring them. Nothing can annoy someone of this nature more. The plus for you? Less effort than that what you've put in already.

Lol HippoGriff,
But if I ignored them, would they not keep sending me letters? These people at 'Tenants Deposit Advice ltd' do seem like that sort of crappy outfit..
http://tenantdepositadvice.co.uk/
They are after all dumb enough not to properly vet their 'client'

Quite possibly... all part of the fun in my mind. I reckon it would give the ex-Tenant false hope as well, they'll think you're quivering and afraid to respond. They will be increasing in hope all the time, only to have it dashed at a time that suits you. Maybe let them buy some expensive Christmas presents if they're the type to count their chickens. Could be a tough January?

I'd be tempted to send them a simple letter stating you'll see them in court.

I like this more. It's evil.