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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 70105
Experience:  Over 5 years in practice.
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Jo

Customer Question

Hi Jo
Submitted: 2 years ago.
Category: UK Property Law
Customer: replied 2 years ago.
Hi Jo,
My tenancy has ended on 09 may 2015 its AST. My land lord didnt deposit my deposit in tenancy deposit schemes. when asked she is reluctant to return the money. She claims that i had done subletting of property. I did with her consent but only verbal. will i be penalized with any penalities
Customer: replied 2 years ago.
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Customer: replied 2 years ago.
Actually i got a lodger in, and i informed the land lord 1 year after getting her in to the property. Land lord is aware that she is living with us.As she is not deposited my deposit she is trying to find subletting as reason and claim compensation from me.
Expert:  Jo C. replied 2 years ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
Hi Jo
i am an assured short hold tenant. my tenancy ended 10 days ago. I had checked out successfully. I just realized my land lord didnt deposit in any of the deposit schemes. i asked for deposit back. she is claiming that i had sublet the property and want to take me to court.
Customer: replied 2 years ago.
i got a lodger while my tenancy was continuing. so my question is can she sue me for having a subtenant during my tenancy.
Customer: replied 2 years ago.
i actually didnt sign any document with lodger , lodger didnt have any rights in the property.
Expert:  Jo C. replied 2 years ago.
Are you asking if she can?
Customer: replied 2 years ago.
yes
Expert:  Jo C. replied 2 years ago.
Did you have permission from the landlord to have a lodger?
Customer: replied 2 years ago.
verbal but not writtern
Customer: replied 2 years ago.
she didnt deposit my deposit money in the deposit scheme.
Expert:  Jo C. replied 2 years ago.
Well she may not have done but that isn't the entire issue here.
You do have a claim against her for up to 3 times the sum of the deposit although the practical reality is that you only really have a claim for the sum of the deposit. Whatever the law says on that point judges just do not grant more than that.
The difficulty here is that she says that you have been subletting unlawfully and without authority. Sadly, you don't have a written agreement to rebut that. If the court accepts her evidence on the point and then you will be liable to pay the landlord any sum that the court determines the sublets lodge paid you which could be a good deal more than the sum of your deposits and you do have to bear that in mind before axing.
Given the risks here, if she is willing to return your deposit to you then it would be very dangerous to sue her for additional compensation. If she is not willing to do that then the risk is one that you would have to take.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
i do have one writtern email which she states that i had informed her when she moved in
Customer: replied 2 years ago.
after tenancy ending and there is no deposit protected its a breach of law, i may have breached the contract term only if proved but she breached the law.i spoke to shelter and my deposits.
Customer: replied 2 years ago.
she has taken the person who was my lodger as a main tenant now.
Customer: replied 2 years ago.
i was advised its the damages that are taken into consideration while giving judgement.
Expert:  Jo C. replied 2 years ago.
Informing her is not getting permission I'm afraid.
If shelter have told you anything different from the above then that is wrong.
Given the risks here, if she is willing to return your deposit to you then it would be very dangerous to sue her for additional compensation. If she is not willing to do that then the risk is one that you would have to take.
She may be in breach of the law but she is saying you have been subletting which carries the greater risk.
Customer: replied 2 years ago.
i was also told by landlords.org.uk that its not a housing benefit that i am living on .so its the damages that are in question about dispute.
Expert:  Jo C. replied 2 years ago.
Well, that is a nonsense I'm afraid.
Not quite sure what they mean