Housing: return of deposit with minimal notice given

[CucumberCool]

Housemate/lodger has moved out giving just ten days notice.

All agreements were for a month's notice, rent to be paid monthly and a month's rent upfront on moving in as deposit.

All agreement were verbal at the time of taking on the room.

They believe they do not need to give any notice and believe they are entitled to their full deposit back.

I believe they have broken our agreement and the deposit is taken to safeguard me against this.

I think I have these options:
-Give ten days worth of deposit back - I feel this is correct
-Give half the deposit back - as a goodwill gesture
-Give no deposit back - online advice tells tenents they may not get deposit back if they break the agreement
-Give all the deposit back - and be out of pocket with minimal notice

Not sure if they would take me to court over this. If so - do they have any chance in it going through court with just a verbal agreement?

The deposit was £500

How can you prove a verbal agreement?
Do you have nothing at all in writing?

If it was a verbal agreement and not a written one, you will struggle to prove you said one month notice. If you can prove they have been paying monthly, you could probably argue that one month notice would be 'reasonable notice' and they would be liable for the rest of the months rent, which you could take out of the deposit.

Give the deposit back unless you have proof.

Get a written agreement going forward

This is a lodger not a tenant. Just give the deposit back as long as there is no damage.

Without a written agreement you don’t have a leg to stand on tbh (and neither does she really…)

It’s only fair for you to return her deposit to her if the room is undamaged and clean and suitable for re-letting

The lack of a written agreement makes the situation harder, but it does not fatally undermine the OP's position. If the lodger sues, the courts will look at the facts (which will include the amounts the lodger has paid to the OP) and decide what the contract was on the balance of probabilities.

In the absence of a written agreement, how much notice the lodger must give depends on whether they have an excluded tenancy (which gives them exclusive use of their own room which the OP isn't allowed to enter) or an exclusive licence (which means the landlord can go anywhere). If they have an excluded tenancy, they must give the same amount of notice as their rent period (one month in the OP's case). If they have an excluded licence, they must give reasonable notice. Unfortunately, there are no set rules about what is reasonable.

I have a lodger and i eould give them their deposit back even with only 1 days notice as long as there is no damage. I would not want to continue living with someone who doesnt want to live there anymore. It would be so tense and uncomfortable.

It may help you for next time but my lodger's deposit is held in a completely separate bank account to my day to day financial transactions. If they moved out, there would be no problem in returning it.

One month notice for a lodger is very long. It is the same than for tenants, except tenants are legally entitled to 2 months notice. Did you agree you'd give them 2 months if you wanted them out?

A week or 2 is a more common notice for a lodger, so 10 days is quite acceptable.

I’ve got a lodger (albeit with a written contract) and it makes clear that one months notice is required on either party to terminate the licence.

I’d return ten days worth, unless there’s a sufficient reason for them moving early, or you can get the room re-let within the “month” you’re charging them.

Well we've always said it's more a housemate arrangement. A verbal agreement on the tenancy. One month deposit for a month's notice, rent to be paid monthly.

No good reason for not telling us soon (even said it was on the cards for a while...), only that citizens advice said they didn't have to tell us (as landlord is live in) so decided not to.... We're pretty sure their decision was made in December..

I just don't understand why they wouldn't tell us.... We helped them move to their new place as they were using Ubers to ferry their stuff..there was no anamosity on our side...but still we got a solicitors letter through two days after they moved....

Never said the deposit wouldn't be paid back, only it would take a little time to get from the deposit scheme thing it's in..(finding log ins ect and slot going on personally)

Will be putting the basics in writing in future!