Senior associate Caroline Brosnan has responded to a letter in The Times in which a reader is seeking advice on getting her deposit back.
The reader is a lodger who didn’t sign a contract. Caroline advises that although lodgers who live with their landlords are not protected by formal tenancy deposit schemes, the deposit still legally belongs to the lodger and can only be withheld for reasonable, justified deductions. She recommends gathering all evidence — such as bank transfers, messages, and photos — to prove payment and the room’s condition. If informal attempts to recover the deposit fail, the lodger should send a formal “letter before claim” giving the landlord 14 days to respond, then consider filing a small claim in county court, which is designed to be accessible for individuals. Citizens Advice can assist with drafting the letter and navigating the process.
As there is no written agreement the lodger should check old messages — texts, emails, WhatsApps — for evidence of the deposit amount and any terms discussed. These messages can serve as strong contemporaneous evidence and may, in the right circumstances, carry legal weight similar to a signed agreement.
The article is available to view at The Times by subscription only.
About Caroline
Caroline Brosnan is a senior associate in the property litigation team. She has experience in a range of housing and property matters, including possession, homelessness, injunction and disrepair claims.
Get in touch
If you would like to speak with a member of the team you can contact our property litigation solicitors by telephone on +44 (0)20 3826 7525 or complete our enquiry form.
