Return a deposit

Discussion in 'Property investment and tenants' rights' started by Marie Connellan, Mar 8, 2017.

  1. Marie Connellan

    Marie Connellan New Member

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    Hi I'm a Landlord with a tenent nearly 3 years. He has just advised me he's left but had rented a room to another person and this person is staying until end of month. I was never asked if it was OK to rent the room and had no idea this extra person was there. What are my rights? Do I have to return deposit?
     
  2. facetious

    facetious Frequent Poster

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    Last edited: Mar 8, 2017
    This person was a licensee/lodger of your tenant. He was there under licence of your tenant and when the tenant left, the licence agreement terminated. Therefore, this person has no right to remain in the property. Furthermore, if this person causes damage to the property, you cannot claim against him as he has no contract with you.

    However, if you permit him to stay then you could have issues. If he has been living there for more than 6 months, he would be entitled to be called a tenant with all the rights of the RTAs and would be entitled to stay for 4 years should he want to. This is one of the reasons that landlords do not permit their tenants to have licensees.

    He has just advised me he's left ....
    I presume that the tenant did not give you any notice, he just let you know that he has left. That alone in a contravention of the notice periods required (in this case 56 days). Furthermore, you cannot proceed with getting new tenants until the licensee has vacated.

    Do I have to return the deposit?
    It depends on whom you are referring to. I presume you mean the deposit of your tenant as your contract was with him.
    Did your tenant pay his rent for the month of March? If not then certainly you should keep his full deposit. Also, if it is your tenant, then you should wait until the licensee vacates at the end of the month unless you get him to move out immediately, which is your right as he is trespassing. Any damage to the property which is in excess of normal wear and tear. whether caused by your tenant or the licensee then it is deductible from your tenant's deposit.

    If you re referring to the deposit of the licensee, then no, you do not have to return it because you never received it and he should get it back from your tenant.

    I presume you did not do any inspections of the property during the tenancy. If you had done 3 monthly inspections you would probably have avoided the complications on your tenant having a licensee/lodger.
     
    Last edited: Mar 8, 2017