Lodger Advice needed

MissB2017 · 2 December 2017 at 7:51PM

Hi

I currently rent a room off a live in landlady, I was given my notice in October to vacate by 1st January 2018 due to her change in circumstances.

I am due to move on 17th Dec, I have secured a place although a bit concerned that I'm being played. So I'll either be going back to family or to my new house, I won't know until 15th when I am due to collect keys.

Today I had my room inspection, I have dated photos and my own inspection of the room too. There is a large hole in one piece of skirting board and damp. I am also being charged as the bed is wonky and for a new mattress (but with the option of taking the current bed etc with me) my LL and her friend did a rough pricing up as they said due to the age of the house it will need to be re-plastered when they replace the whole skirting board.

Apparently it won't match if the whole room isn't done. The calculated amount I owe on top of my deposit is £300 and she wants this before I move, if I say that I am disputing the payments she will call the police to get me removed as I have no rights as a lodger.

Is this correct?

I have been a lodger that kept herself to herself, paid on time and didn't cause any trouble. There is damp in the room due to age of the house but I'm being held responsible for not keeping on top of it. As for the hole in the skirting, I don't recall bashing it but have no proof and the room wasn't freshly painted before I arrived. My only dispute is that the cost on top of my deposit seems high as the work needed might not be as costly and is 10% correct when taking into account fair wear and tear, plus avoiding bettering herself.

I am at a loss of what to do, I could go back to family while I'm off work until 14th (start a new job) but then the amount it would cost me would be close to £300 anyway as I'd need to contribute to the rent there.

Or I stay here until 17th an just pay up?

I do get free legal advice through my Union but from what I understand I have no rights anyway as a lodger. Shelter pretty much told me that too.

Pixie5740 · 2 December 2017 at 7:59PM

Did you cause the hole in the skirting board and the damp? Did you break the bed making it go wonky?

Edit: more importantly can she prove you did?

MissB2017 · 2 December 2017 at 8:07PM

She is still bound by those principles but she can also legally ask me to leave immediately and change the locks so where does that leave me? x

Pixie5740 · 2 December 2017 at 8:19PM

Why can’t you just do as you were planning and move out on the 17th December and tell her to do one when it comes to the extra £300.

Have you told her you’re planning to move out 17th Dec? If not then don’t. It sounds as though you have a contract that allows you to live there until 31st Dec. If she changes the locks on you before then sue her for breach of contract.

Slithery · 2 December 2017 at 8:20PM

No, she can't make you leave immediately. She has to give you proper notice.

What does your lodgers agreement have to say about notice periods?

G_M · 2 December 2017 at 8:22PM

A lodger does have rights - just not as many as a tenant, and not statutory. But certainly a lodger has contractual rights as well as common law rights.

she can also legally ask me to leave immediately and change the locks so where does that leave me? x

That depends on the contract. Do you have a written contract?
* if so, what does it say about notice periods?
* if not, any notice must be 'reasonable'. That usually means if rent is paid weeekly, notice should be a week. If rent is paid monthly, notice should be a month

If no written contract, then was anything agreed verbally?
If yes, what?
If not, seee above

As for the damages
* what damage do you believe/accept you caused?
* how much of what she is claiming is just normal 'wear and tear' (ie normal deteroration over time)?
* no she can't claim 'betterment'.

due to the age of the house it will need to be re-plastered when they replace the whole skirting board.

:eek::rotfl:

(that's 'betterment')

I could go back to family while I'm off work until 14th (start a new job) but then the amount it would cost me would be close to £300 anyway as I'd need to contribute to the rent there.

Or I stay here until 17th an just pay up?

Or stay there till the 17th and not pay up? If yur deposit is witheld, you do what others do and claim it back via the courts (unless the LL backs down).

MissB2017 · 2 December 2017 at 8:26PM

She has lost my contract and didn't provide me with one, she said 28 days. So no inventory proof etc.

I told her last week that I'd leave on 17th. She wants the money before or she'll call the police and evict me if I say I can't pay.

MissB2017 · 2 December 2017 at 8:29PM

G_M wrote: »

A lodger does have rights - just not as many as a tenant, and not statutory. But certainly a lodger has contractual rights as well as common law rights.
That depends on the contract. Do you have a written contract?
* if so, what does it say about notice periods?
* if not, any notice must be 'reasonable'. That usually means if rent is paid weeekly, notice should be a week. If rent is paid monthly, notice should be a month

If no written contract, then was anything agreed verbally?
If yes, what?
If not, seee above

As for the damages
* what damage do you believe/accept you caused?
* how much of what she is claiming is just normal 'wear and tear' (ie normal deteroration over time)?
* no she can't claim 'betterment'. :eek::rotfl:

(that's 'betterment')

Verbally we agreed 28 days and I did email confirmation in May 2017 to extend to May 2018 but she changed her mind while on holiday with her boyfriend in September.

She has lost the contract and now says it is out of date as it was signed 2 years ago and my initial contract was for 6 months.

G_M · 2 December 2017 at 8:33PM

so you are entitled to 28 days notice.

You don't need to pay anything now anyway - any damage is payable when you leave.

Did you pay a deposit?

The threat of police is just that - a threat. The police will not interfere in a civil matter. However, 'harassment' IS a criminal matter, so if the thrreat is repeated, go to the police yourself to report that harassment. Keep an exact record of
* exact what words were used
* by who
* where
* on what date/time
* if sent by email, text etc, keep copies

agrinnall · 2 December 2017 at 8:40PM

MissB2017 wrote: »

She wants the money before or she'll call the police and evict me if I say I can't pay.

The police have many higher priorities than attending a civil dispute where they have no place anyway. Your landlady may think she can involve them but if she tries she'll find out just how wrong she is.

MissB2017 · 2 December 2017 at 8:42PM

I did pay a deposit, I am also leaving more than 10 days before expiry so she has that money too but is claiming I still owe £300.

Thats what I thought, damage is payable after I leave and once work is completed.

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Lodger Advice needed

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