UK Landlord Forum / Life

Hi all,

My former landlord refuses to pay back my deposit claiming sufficient damage to items (with no evidence). He never protected the deposit as it was a 'Lodger agreement' (I'll be honest, at the time of signing I didn't think to check the difference); however, he never lived at the property (he moved out to live with his partner) and I have written proof of him telling me someone else would be moving into the property as he was moving out. Whilst i'm chasing this and have gone through small claims etc. to try and get my money back, i was wondering whether i would have a case to apply to my local court to have my deposit returned as it should have been a tenancy agreement because he did not live at the property. I'm unsure because i did originally sign the lodger agreement.

Any help would be greatly appreciated!
Lucy

You have a case to get your deposit back by arguing that you do not agree with the withholding/deductions, and he is not entitled under the terms of the agreement to the deductions. He should then need to prove with evidence of whatever damages he is claiming, which combined with the terms of the agreement allow him to keep the money.

If you actually had a tenancy, which would be the case from what you suggested, it is then almost certainly going to be assured shorthold. What the agreement claims is irrelevant here. In the case of AST, he would had been legally required to protect the deposit. Assuming he haven't given your post, you are entitled to claim a deposit penalty per tenancy of between 1x-3x the amount of the deposit.