The Student Room Group

Help! - Live-in landlord wants to take my deposit

Hi, I have a 1yr shorthold assured tenancy agreement, with a break clause of six month. I am renting a 1 bed room. I have a live-in landlord. My landlord has said that they will not be returning my deposit and will be writing a bad reference for me. I have neither damaged the property or owed rent arrears to them. I have maybe broken one or two rules of the contract which aren’t exactly tangible evidence, such as not wiping down the shower glass after taking a shower. They have broken many themselves. They entered my room without permission, but I have no evidence to prove this has happened. Moreover, they are using the communal living room for their place of business at home. She massages people from time to time and denies me entry to the living room/kitchen for periods of up to 2-3 hours. Can I sue her for this? Also, I was denied service when she used up the hot water that I pay for. We agreed the boiler heats up twice a day, and that I can have 2 showers a day, but she used up the hot water. This has happened twice now.

Please can someone help and let me know if there is anything I can do to make sure I get my deposit back from her!?
Not wiping down a shower isn’t grounds for withholding a deposit. What else has gone on?

Reply 2

Original post by Admit-One
Not wiping down a shower isn’t grounds for withholding a deposit. What else has gone on?

Literally nothing. She’s trying her best to get a hold of her deposit.

I have done nothing else wrong. She had a go at me saying that the living room is a communal area and that I must not leave my tidily stacked clothes in the living room.

She has a note here saying also not cleaning floors. I clean the floor in my room, and I used to clean the living room/kitchen but she’s started coming much more frequently so I won’t clean after somebody else. I don’t even use the living room or kitchen at all anymore as she keeps visiting and I don’t want to use it anymore.


I genuinely have not done anything apart from what i’ve mentioned, and as you’ve mentioned, is not grounds for withholding a deposit.

I am planning to move out next month, my break clause is after six months, and i’m worried she will try to withhold my deposit. What would you recommend I do?

I tried checking if she has to secure my deposit, but on the internet it says if it’s a live in landlord agreement, she shouldn’t have to?


Should I get legal advice now, or when I decide to move out and she withholds my deposit? During our conversation last couple of weeks, she mentioned not giving me my deposit back, so i’m wary of her comment and need help on how to act on this please.

Reply 3

Deposit aside, this is why you don't live with landlords as they will almost always treat the property as 100% theirs and want things the way they like them, exactly like this.

Pretty sure landlords aren't meant to keep your deposit at all now, it's supposed to be a 3rd party but as you say I dunno if live in works differently. It will prob come down to challenging them in some form. I'd be inclined to sweetly point out that I want to leave but can't till I know I'm getting the deposit back, then ill start acting in ways that make damn sure they want me gone.

I wouldn't generally advocate withholding rent, but if the landlord is already basically saying they intend to steal from you and give you a bad reference no matter what, then **** them, secure your property and don't give them a penny. If I was pushed I'd maybe start taking photos of the people arriving for massages and generally just ****ing that up for her, barge in whenever you want, stick on the TV, pointedly sit and loudly slurp a bowl of soup.
(edited 10 months ago)
I’m not really reading anything that is grounds to retain the deposit beyond “I don’t like living with you”.

I’d speak to citizens advice and find out what your rights are.

Did you sign a tenancy agreement? What does that state about the deposit?

Reply 5

Original post by Admit-One
I’m not really reading anything that is grounds to retain the deposit beyond “I don’t like living with you”.
I’d speak to citizens advice and find out what your rights are.
Did you sign a tenancy agreement? What does that state about the deposit?

image.jpgimage.jpg

So I signed an Assured Shorthold Tenancy Agreement for a room, for 1 year, with a break clause after the first 6 months. This is the clause about the deposit above, and their ‘house rules’.


So in effect, the house rules have nothing related with the conditions of the deposit, so I will argue this with her if she tries anything?

Should I tell her to evict me with a section 21, or should I wait until August to send her a notice that I will be leaving in September? Which option would be better to secure/get my values worth for the deposit. Because if she evicts me, it says 28 days notices must be given, so if I don’t pay her that 28 days rent, that should suffice for the deposit amount, but will I incur arrears if she does not agree to that ect…?


I’ve tried to get through to citizens advice, I called and called, they won’t answer. They said to go in-person, but I work 9-5 and I need to book an appointment but I can’t with work, it’s a busy season and they won’t let me off for a day or two to see them.

Reply 6

Original post by StriderHort
Deposit aside, this is why you don't live with landlords as they will almost always treat the property as 100% theirs and want things the way they like them, exactly like this.
Pretty sure landlords aren't meant to keep your deposit at all now, it's supposed to be a 3rd party but as you say I dunno if live in works differently. It will prob come down to challenging them in some form. I'd be inclined to sweetly point out that I want to leave but can't till I know I'm getting the deposit back, then ill start acting in ways that make damn sure they want me gone.
I wouldn't generally advocate withholding rent, but if the landlord is already basically saying they intend to steal from you and give you a bad reference no matter what, then **** them, secure your property and don't give them a penny. If I was pushed I'd maybe start taking photos of the people arriving for massages and generally just ****ing that up for her, barge in whenever you want, stick on the TV, pointedly sit and loudly slurp a bowl of soup.

I really do wanna do the things you’ve mentioned, but I’m so tired of this woman that I have no energy as I need to focus on my job and sanity. If I was to do that, she would drain my energy, She’s a living witch. I’m trying to find a way to make sure that she does not take my deposit.

I’m pretty sure that business she’s running should be reported to HMRC for income self-assessment? And I was reading about if she has the house on a mortgage, whether the covenants of her mortgage agreement allows for business purposes. I mean she has 2-7 people coming once in a while, but she’s blocking me access to the ‘communal area’ and where I cook, for her own personal gain.


I’m never renting with a live-in landlord ever again. She lied to me though, she said she wouldn’t come often, which is why I signed it in the first place.

Reply 7

Unfortunately you have less protection if you live in someone's home. Shelter suggests that you might have to go to the small claims court if they refuse to hand it back.
Return of a lodger deposit - Shelter England

Reply 8

I can’t read the mobile screens. But deposits must be placed into a third party deposit protection scheme, to protect both you and the landlord in the case of disputes. Neither party will get a payout unless both parties agree to it. If she has failed to put your deposit into a proper DPS, then she has acted illegally and has no right to hold onto a penny of it, even if you trashed the place.

Reply 9

Original post by T!gger34
I can’t read the mobile screens. But deposits must be placed into a third party deposit protection scheme, to protect both you and the landlord in the case of disputes. Neither party will get a payout unless both parties agree to it. If she has failed to put your deposit into a proper DPS, then she has acted illegally and has no right to hold onto a penny of it, even if you trashed the place.

Does this apply for assured shorthold tenancy agreements with live-in landlord too? Because I tried to fill out a form but it said do you have live-in landlord and I ticked it, and it then rejected me to go any further
Original post by Football199
image.jpgimage.jpg
So I signed an Assured Shorthold Tenancy Agreement for a room, for 1 year, with a break clause after the first 6 months. This is the clause about the deposit above, and their ‘house rules’.
So in effect, the house rules have nothing related with the conditions of the deposit, so I will argue this with her if she tries anything?
Should I tell her to evict me with a section 21, or should I wait until August to send her a notice that I will be leaving in September? Which option would be better to secure/get my values worth for the deposit. Because if she evicts me, it says 28 days notices must be given, so if I don’t pay her that 28 days rent, that should suffice for the deposit amount, but will I incur arrears if she does not agree to that ect…?
I’ve tried to get through to citizens advice, I called and called, they won’t answer. They said to go in-person, but I work 9-5 and I need to book an appointment but I can’t with work, it’s a busy season and they won’t let me off for a day or two to see them.

I can’t really advise regarding the middle section. I don’t have that kind of legal knowledge and haven’t encountered any similar issues.

Personally, ’d be inclined to keep my head down and give them the requisite notice. If they try anything funny I’d just refer them to the deposit section and the fact that it (presumably) only relates to damage or deep cleaning as a result of your stay.

I’d also try cleaning the showing screen with limescale remover or whatever and find time for a citizen’s advice visit.

Reply 11

Original post by T!gger34
I can’t read the mobile screens. But deposits must be placed into a third party deposit protection scheme, to protect both you and the landlord in the case of disputes. Neither party will get a payout unless both parties agree to it. If she has failed to put your deposit into a proper DPS, then she has acted illegally and has no right to hold onto a penny of it, even if you trashed the place.



Oh sorry, didn’t realise the pics were so blurred.

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Reply 12

Original post by Admit-One
I can’t really advise regarding the middle section. I don’t have that kind of legal knowledge and haven’t encountered any similar issues.
Personally, ’d be inclined to keep my head down and give them the requisite notice. If they try anything funny I’d just refer them to the deposit section and the fact that it (presumably) only relates to damage or deep cleaning as a result of your stay.
I’d also try cleaning the showing screen with limescale remover or whatever and find time for a citizen’s advice visit.

Thank you. I’ll definitely try keep my head down and just hold out until August time to issue her a notice. I can’t wait to do so.

She treats me like this, knowing full well that no one would stay in this place. She will never receive this kind of money anywhere. I am paying a London price for a room, with cameras on front door, no guest overnight stays ect… I only agreed because I started a new job here and was new to the area. £930 a month for a room in the South of the UK is a crazy price. But I discussed with her and she said she’d give me the full house and visit occasionally.

But it is what it is, can’t wait to move out. Definitely will pay citizens advice a visit hopefully. Thanks!

Reply 13

Original post by Football199
Oh sorry, didn’t realise the pics were so blurred.
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My parents’ house was let out as an HMO, with them living in it. Am basing my reply on their situation.

With regard to the inventory, my understanding is that this has to include a set of pictures of before and after your tenancy began. Were you issued any?

Reply 14

Original post by T!gger34
My parents’ house was let out as an HMO, with them living in it. Am basing my reply on their situation.
With regard to the inventory, my understanding is that this has to include a set of pictures of before and after your tenancy began. Were you issued any?

Nothing, she didn’t issue me pictures, she just had a list of them and the condition things were in. She hasn’t issued me this though she just talked me through it when showing me the house.

I don’t have the inventory list.

Reply 15

Is your deposit registered with a tenancy deposit scheme? How many weeks rent is it that she holds a depositi?

Reply 16

Original post by Kutie Karen
Is your deposit registered with a tenancy deposit scheme? How many weeks rent is it that she holds a depositi?
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So I paid her £850.

The rent I pay monthly was £900, in which she increased to £930 two months later since I signed the contract.

So the deposit about almost a month’s worth of rent.

I don’t believe it is registered with a tenancy deposit scheme, I was not informed by the landlord or anything. I tried doing a quick check on all 3 deposit scheme websites and it said not found. So I don’t think she did put it into one. But is she required to, regardless if she is a live in landlord, and essentially, I am a lodger? I signed an assured shorthold tenancy agreement.

Reply 17

Original post by Football199
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So I paid her £850.
The rent I pay monthly was £900, in which she increased to £930 two months later since I signed the contract.
So the deposit about almost a month’s worth of rent.
I don’t believe it is registered with a tenancy deposit scheme, I was not informed by the landlord or anything. I tried doing a quick check on all 3 deposit scheme websites and it said not found. So I don’t think she did put it into one. But is she required to, regardless if she is a live in landlord, and essentially, I am a lodger? I signed an assured shorthold tenancy agreement.


As you suggest, a bit of a grey area. But, for me, since she made you sign an AST then she must take into account that that places certain conditions upon herself too, including the requirement to put deposits in a DPS. There are other things which means she cannot give you a bad written reference, but that’s for another day.

Reply 18

Things seem quite confusing here. Speak to Shelter, the housing rights charity.and your student union.

If you live in the same property as your landlord, I think you are an excluded occupier, also known as a lodger.

You would not be a tenant so I don't understand how you ended up with an AST instead of a lodgers agreement. (Perhaps your landlord is a novice at this and issued the wrong contract?).

Lodgers have much less rights than tenants. There is no requirement for a landlord to put the deposit in a protection scheme.

Typically statutory housing law trumps whatever is written in the contract. Meaning you probably can't have Tenants rights because you are a lodger. Get professional advice to find out your actual status and options.

Reply 19

When I was self employed, my mortgage permitted me to work from home (so long as I wasn't operating a business such as fixing cars on the driveway, selling goods directly from the premises, that sort of thing).

It permitted me also to have lodgers. I paid tax on my business and my rental income. None of my lodgers or neighbours would necessarily be able to tell that my tax affairs were in order.

But anyone is welcome to report suspected tax evasion to the HMRC.

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