UK Landlord Forum / Life

I rented a flat for 4 months and extended the rental for an entire year. The rental agreement says it is an assured short hold tenancy (AST). Upon leaving, my landlord is not returning my deposit and I learned that he did not place it in a deposit scheme. I was in the UK on a 6 month visitor visa but retained the flat because I am seeking a partner visa via my long term relationship with my UK partner. He moved in when I left the country with the permission of the landlord while I was away. I stay with a friend when in the US. Can this flat be deemed my residence during the tenancy? Will this be deemed a holiday let? I would like to enforce the deposit protection laws and try to get my deposit back. Can anyone help??

Unless there's some reason not to, a deposit is a deposit, and would be returned regardless of the type of tenancy. So you shouldn't need to rely on the deposit regulations.

But, if you were living there and paying rent, it's probably an AST. There's a good template letter on the Shelter England website for when you want your deposit back and believe it wasn't protected correctly.

There's levels of questions here... but are you aware of why the Landlord is not returning the Deposit?

Context is always useful. Is the Landlord pretending it never existed? Is the Landlord offsetting against perceived damage or rent arrears? What's the background?

But... when I let to foreign nationals I a) take a Deposit, b) provide an AST, c) protect that Deposit. There's very few scenarios where a Deposit can be taken and the Landlord not need to protect it... lodging, student halls etc..

This is simple and clear... https://www.citizensadvice.org.uk/housing/deposits/check-your-landlord-has-protected-your-deposit/