no contract, confusing advice from CAB, please advise if you can!

[dwarfran]

My ex-landlord is withholding the deposit, claiming damage to items.

Does a family member always count as a live-in landlord making me a lodger rather than a tenant?

When moving in the son lived here with his partner in house. A contract was never signed. We did all share a kitchen.

CAB, the council and shelter recommend I challenge the contract type from 'occupier with basic protection' to an AST as the written correspondence is all we have to go on. This would force a deposit scheme if successful, costly if not.

But it's me risking money. Does a family member count as landlord in residence? Shelter's test tool doesn't mention it so bombs out to no need for deposit protection.

Thanks in advance.

[islandgirl]

If you are sharing the house I belive you will probably be a lodger. The landlord must live there with you. If you can prove it was an AST then the LL is in big trouble as I assume the deposit was not protected - you could claim 3 x the value of the deposit. However be careful - this does sound like a lodger situation on the surface. What grounds did Shelter say to use to make it an AST?