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Lodger Problems

Hi,

I've tried finding some information on this on the internet but I'm struggling a bit because it's not a straight forward simple case. On of the problems being that we're in Scotland so fall under Scottish law and a lot of the advice I've found is based around the English version. Here's a brief outline.

My girlfriend owns a house and decided to rent out a room to a lodger for £330 a month including all bills. The lodger moved in in September but against my advice she didn't write a contract or take a deposit. In October the lodger's massive greyhound urinated on the edge of her wedding dress (she was due to get married to her ex later this year). The lodger was very apologetic and agreed to get the dress dry cleaned or reimburse the value of the dress and hung it up to dry - unknown to us - in the spare room but trailing on a bright red rug. After a few weeks he still had done nothing and my girlfriend asked him when he would get it sorted and he promised he'd get straight onto it, we then discovered the red dye from the rug had caused a huge stain up the train and back of the dress. The lodger disappeared a couple of days later around the beginning of November and after a week or two we text him to ask what was happening. He apologised for not having sorted the dress yet but he had returned to his parents for some "R&R" as he was feeling stressed. Still nothing done with the dress. In December we asked what has happening again, the dress was still damaged. The rent was due on the 1st and this was around the 7th. He said he didn't have the money to fix the dress and said he was going to have to move out. He paid rent for December and promised to move his stuff out before the end of the month.
My girlfriend phoned a dry cleaners and got a quote of £120 to try and clean the dress given the material, the fact it was stained with urine AND red dye however when she discovered this had happened over 6 weeks ago the dry cleaner said that it would be virtually impossible to remove the stain since it would have 'set'. Informed the lodger who claimed there was never any mention of reimbursing the cost of the dress although my girlfriend had told him she'd been planning to sell it 2nd hand for £275 and she would take in reimbursment - this was the night it happened and I witnessed the discussion. He text eventualy taking responsibility for the cost and said he couldn't afford to give her the money yet but would sort something out. On around the 27th he turned up while I was there and the girlfriend was at work to collect his passport and left his keys with me saying he knew she wasn't keen on him being in the house himself and was worried that he'd take his stuff and run.
It's now the 25th and he's paid no further rent, not collected his stuff (having missed 3 or 4 arranged dates and times to collect it all) and no sign of any money towards the dress.
He only has 2 items of value left in his room - along with a load of valueless rubbish - an electric drum kit worth around £400 and a TV worth maybe around £350.
What can we do ?
My suggestion to the girlfriend is that we write a formal letter, sent recorded delivery giving him 7 days to collect his belongings. Detail the money we feel he's due, £275 for the wedding dress and rent pro-data on a day by day basis up to the day he collects his belongings (close to £300 so far), therefore totalling around £575. We also plan to suggest he collect his belongings and leave the drum kit and TV and we'll sell them to recoup the monies due and send him any excess left over. Alternatively he take all his stuff and either leave the money he's due before this happens or we raise a claim in the small claims court.
Does this sound reasonable ? What else can we do ?
Please bear in mind this falls under Scottish laws however I would appreciate advice as well as anything from someone who has a better idea of the legalities.

I appreciate anyone who took the time to read that story, hopefully someone can help. This is causing a lot of stress to my other half.
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Comments

  • Anyone agreeing to take in a lodger with a pet dog (and a big one at that) is asking for trouble.
    "You were only supposed to blow the bl**dy doors off!!"
  • Actually I don't see how that's relevant, I'm looking for some genuine advice. My girlfriend has a dog and the presence of another dog was good for her one. There wouldn't have been an issue with the lodgers dog if the lodger had acted after the incident rather than ignoring it for weeks. In all honesty she'd happily take the dog back but not the lodger.
  • Mankysteve
    Mankysteve Posts: 4,257 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Phone loger tell him his stuff will be on door step on X date. if you dont collect it someone else will simples. He got no contract, and lodgers don't have a many legal rights as a someone renting.

    As for presueing rent remain/dry cleaning cost then you can take him to small claims court if you know what his perment address if not give up and just accept its lost money.
  • I've taken advice from a copper friend of mine and if we dumped his stuff outside even after advance warning, we'd be held liable to any damages, losses and theft. It's ridiculous but we have a duty to look after his stuff !!!! That's ridiculous.
    We know he's staying with his parents in a small village about an hour away and that's his permanent address. I've looked up the surname on 192.com and there's only one entry for it in this small village so I reckon that's the one. I've also found planning applications lodged with the local council confirming the name and address. We're assuming this is the correct one and will send the mail recorded delivery to him there.
    Thanks for the reply.
  • Psychofly wrote: »
    I've taken advice from a copper friend of mine and if we dumped his stuff outside even after advance warning, we'd be held liable to any damages, losses and theft. It's ridiculous but we have a duty to look after his stuff !!!! That's ridiculous.
    We know he's staying with his parents in a small village about an hour away and that's his permanent address. I've looked up the surname on 192.com and there's only one entry for it in this small village so I reckon that's the one. I've also found planning applications lodged with the local council confirming the name and address. We're assuming this is the correct one and will send the mail recorded delivery to him there.
    Thanks for the reply.

    Any liability will be civil, rather than criminal. Police get no training in civil law, so may not be correct in stating that you will be liable for amy damage, loss or theft.
    "You were only supposed to blow the bl**dy doors off!!"
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    There's not many posters on this forum with knowledge of Scottish law.

    It is, however, a very serious offence for someone to steal someone elses belongings and sell them on and quite presumptious of you to assume that you can do this in lieu of the rent. You could end up paying lots of compensation for this act. His failure to attend to his obligations do not mean a landlord doesn't have to follow theirs.

    Have a look at the Shelter Scotland website (which is aimed at tenants, not landlords) which will at least verify if the tenant is an excluded occupier and has few rights to occupy the property past the notice served on them. Change the lock - this is quite standard security after a change of tenant/lodger.

    Here is a regulation that relates to uncollected goods and the landlords obligations. Again, you must verify if this applies to Scotland.

    http://www.landlordzone.co.uk/uncollected_goods.htm
  • Thanks for the advice. I'm not assuming we can just sell the stuff. The idea is to give him this option and only do it if he agrees to this approach. I know there's no way we can just sell his stuff and keep the money but I think giving that he's claiming he can't afford to pay what's due then suggesting that option to him is perfectly acceptable.
    Thanks for the link :)
  • if he has items of that value and half a braincell he will be back for them
    things arent the way they were before, you wouldnt even recognise me anymore- not that you knew me back then ;)
    BH is my best mate too, its ok :)

    I trust BH even if he's from Manchester.. ;)

    all your base are belong to us :eek:
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Jowo wrote: »
    There's not many posters on this forum with knowledge of Scottish law.

    It is, however, a very serious offence for someone to steal someone elses belongings and sell them on and quite presumptious of you to assume that you can do this in lieu of the rent. You could end up paying lots of compensation for this act. His failure to attend to his obligations do not mean a landlord doesn't have to follow theirs.
    It is a difficult one, but at some stage the goods would be abandoned. I don't think that anyone has a duty to care for abandoned goods past a certain point.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Psychofly
    Psychofly Posts: 439 Forumite
    edited 25 January 2010 at 1:51PM
    .....and half a braincell he will be back for them

    I'm genuinely not sure he has.

    *UPDATE*

    She has sent him a letter via recorded delivery and just after she mailed it received a text apologising for not appearing once again yesterday. She explained that while she had sympathy for the problems he's been having recently his actions and the whole experience is stressing her out and she needs to put herself first and get this resolved. She explained that there was a letter in the post (basically saying what I said in the original post detailing what she felt she was due financially) and that so as not to cause him any undue stress waiting for tomorrow to read it she would also send it to him via email. He has since read this and sent back a huge message saying how he thinks she is being Draconian and that she doesn't understand how difficult the past few months have been for him. He also stated he's contacting a lawyer.
    Does anyone know if my girlfriend is entitled to charge him rent pro rata since he hasn't vacated ? My initial thought is probably not but I'm not sure. I thought that if she say she FELT she was entitled to £275 for the wedding dress and rent charged pro rata then it would be a good start to bargaining and at least get the ball rolling.
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