Lodger deposit

by Readers Question

10:00 AM, 14th July 2014
About 4 years ago

Lodger deposit

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Lodger deposit

I am fully aware that tenants that are under an AST have to have there deposit protected in a deposit protection scheme, but does the same procedure apply to lodgers living in rented accommodation? Lodger deposit

In HMOS does the deposit need to be protected regardless of if he is a live in or live out landlord?

Lodgers usually want there deposit back the date they move out which would not be possible to do if there deposit was with the DPS as it can take up to 14 days to retrieve and refund it from them.

Any advice would be helpful.

Thanks

Tony



Comments

Mark Alexander

10:02 AM, 14th July 2014
About 4 years ago

Hi Tony

Lodger deposits do not fall under tenancy deposit regulations and do not need to be protected.

It worries me that you think occupants of HMO’s are lodgers though. They are not, they are tenants unless the landlord also lives in the property or it is a fully serviced hostel style HMO, in which case they are licensees.
.

Tony Church

21:29 PM, 14th July 2014
About 4 years ago

Thanks for the info Mark, and confirming what I thought, I just used the term Lodger loosely and for lack of a better term.
The property is not a fully serviced hostel style HMO.
So if they cant be considered as tenants or lodgers what kind of agreement do you advise they should be on If not a lodger or AST agreement?

Mark Alexander

21:52 PM, 14th July 2014
About 4 years ago

Reply to the comment left by "Tony Church" at "14/07/2014 - 21:29":

It doesn't matter what the agreement is called, or whether indeed there is a written agreement at all. So far as the Court will be concerned, the MUST treat a tenancy of this nature as a periodic tenancy, i.e. an AST. Whilst the tenancy will have no fixed term, the minimum term before section 21 can be used as grounds for eviction will be the standard 6 months as a minimum.
.

Tessa Shepperson

8:13 AM, 19th July 2014
About 4 years ago

If the landlord does not live in the property and if services are not provided, the occupiers will probably have ASTs. But they will need their own individual agreements if they are renting rooms in a shared house.

You will find a free Which Tenancy Agreement Guide here http://www.landlordlaw.co.uk/which-tenancy


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