Owner occupiers & getting deposit back

pow wow

I moved into an owner occupied place just over a week ago and well....I hate it. The girl I live with is nice, but it's like Fawlty Towers with the washing machine and dryer going bust and then the shower packing up (along with associated hot water) and her attitude to fixing them has been less than positive.

My question is re the deposit and any notice period. I asked at the beginning for a rental agreement and she was reluctant to give one so I haven't signed anything or made any verbal arrangements about how long I was intending to stay. I gave her a months rent upfront as a deposit and have paid my rent also to the end of next week so effectively she is holding the months rent as deposit.

If I were to move out am I entitled to my deposit back?

The_Conductor

Strictly speaking you are living with her under licence, and are not a tenant- and as such the rights a tenant might have do not apply in your case. The owner can ask you to leave with no notice- and unless you specified otherwise and have signed up to it, you are in a similar situation. You may have to threaten the small claims court on the owner to get your money back- but if you sit down with him/her and discuss matters people are normally reasonable.

Eurorunner

Your only in the place a week? There is no legally enforceable 'rental agreement' possible under the rent a room scheme - you reside there 'under license'. Either party should give a 'reasonable' notice period. Most peoples interpretation of this is that (at a minimum) you should give the duration for which you pay in advance in - as notice period ie. a week if paying weekly/ a month if paying monthly.
I'm a bit confused in that you say these things have broken down and she hasnt got them fixed but you've only been there a week? Do you not think shes in the process of organising this?
Anyways, for whatever reason, if you want to move out fine - but give adequate notice. Remember, she has to go through the process of finding someone else - so she's being incovenienced here. If you don't give 'reasonable' notice, your not entitled to any of your deposit back.

pow wow

Eurorunner wrote:

Your only in the place a week? There is no legally enforceable 'rental agreement' possible under the rent a room scheme - you reside there 'under license'. Either party should give a 'reasonable' notice period. Most peoples interpretation of this is that (at a minimum) you should give the duration for which you pay in advance in - as notice period ie. a week if paying weekly/ a month if paying monthly.
I'm a bit confused in that you say these things have broken down and she hasnt got them fixed but you've only been there a week? Do you not think shes in the process of organising this?
Anyways, for whatever reason, if you want to move out fine - but give adequate notice. Remember, she has to go through the process of finding someone else - so she's being incovenienced here. If you don't give 'reasonable' notice, your not entitled to any of your deposit back.

The notice went up on the shower the evening I moved in, there is no alternative hot water source (I'm quoting her here) so I have not been able to wash there since I moved in. I was hoping her being inconvenienced by the lack of bathing facilities would spur her on to get them fixed and she says she 'means to' while I shower at a mates place.

She has also said she handwashes all her stuff (I don't mind handwashing small things but sheets and towels I draw the line) so will 'get round' to fixing it if it is 'such a problem' for me. There is also no dryer (broken also) so if you do handwash stuff it takes a couple of days to get it dry at least, let alone jumpers etc. When she showed me round (the day before I moved in) she marketed all these things as useable and clearly none of them are.

I don't think I'm being unreasonable wanting to leave but I don't want to leave her in the lurch either. As we had no agreement I am assuming a week or so notice is adequate.

Eurorunner

Ok, well if you have been misled, then thats unreasonable. You still need to be careful in trying to get your deposit back. If you were paying monthly - should be a months notice (even though I understand you wanting to get out earlier). Maybe it would be worthwhile to give threshold a ring/email.