Can my landlord take my deposit for late rent?

I can’t see the type of arrangement has any bearing on the question, but the chances are it isn’t an AST or any other tenancy because of a lack of exclusive possession.

However, a penalty of this kind for late payment of rent is nonsense. Try to get her to confirm in writing the reason for taking the deposit, then deduct from final rent. You don’t want her changing her story for the reason for forfeiting the deposit.

I am confused by what 'exclusive possession' means here as of course I am the only one who uses my room, don't tenants sometimes live in the same house?

Does your landlord live in the same house? Who's name is the council tax in?

Thanks for this - I'm glad of the second paragraph and will do as you suggest

Can I ask you to explain a bit about the type of arrangement - I have been told elsewhere that certain things might give me the security of the tenancy. The rent is insanely high for a lodging arrangement and I require the security as I have some experience of homelessness. I have recorded phone conversations where for example I asked her directly before moving in 'is it an assured shorthold tenancy' and she replied 'yes' - also she has said herself since that while it is not she treats it as if it is one, and has written a letter I have in which she describes me as a tenant. Is that not enough? I am confused by what 'exclusive possession' means here as of course I am the only one who uses my room, don't tenants sometimes live in the same house?

Thanks

Given the muddiness around whether or not this is an AST, I recommend you run this by Shelter for professional advice.

Did your landlord register your deposit?

They told me it was an AST before I arrived and that the deposit would be put in a protected deposit scheme. Both of these things were affirmative answers to me asking if they were the case. Neither was true

They have since pleaded ignorance saying they don't know what either of those terms are despite having lodgers for 25 years

Since I started this thread they have told me that the deposit they told me had been spent on rent arrears has to be reinstated by me as part of the overall rent arrears bill.

It sounds awful. If they took a deposit they need to register and give the details too. did previous lodgers also have this same issue?

The landlord told me no - she said she has not had rent arrears in 20 years. However the other current lodger is a foreigner and I get the impression they usually are and perhaps more vulnerable or not as clued up on these domestic legal rights issues

I am going to be served notice on Monday and I have been unable to contact Shelter at all by chat or phone all week so any and all advice would be greatly appreciated

I am going to be served notice on Monday and I have been unable to contact Shelter at all by chat or phone all week so any and all advice would be greatly appreciated