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  • FIRST POST
    • MissB2017
    • By MissB2017 2nd Dec 17, 6:51 PM
    • 20Posts
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    MissB2017
    Lodger Advice needed
    • #1
    • 2nd Dec 17, 6:51 PM
    Lodger Advice needed 2nd Dec 17 at 6:51 PM
    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.
Page 1
    • Pixie5740
    • By Pixie5740 2nd Dec 17, 6:59 PM
    • 11,197 Posts
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    Pixie5740
    • #2
    • 2nd Dec 17, 6:59 PM
    • #2
    • 2nd Dec 17, 6:59 PM
    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?
    Last edited by Pixie5740; 02-12-2017 at 7:02 PM.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • MissB2017
    • By MissB2017 2nd Dec 17, 7:07 PM
    • 20 Posts
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    MissB2017
    • #3
    • 2nd Dec 17, 7:07 PM
    • #3
    • 2nd Dec 17, 7:07 PM
    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
    • By Pixie5740 2nd Dec 17, 7:19 PM
    • 11,197 Posts
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    Pixie5740
    • #4
    • 2nd Dec 17, 7:19 PM
    • #4
    • 2nd Dec 17, 7:19 PM
    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.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Slithery
    • By Slithery 2nd Dec 17, 7:20 PM
    • 363 Posts
    • 526 Thanks
    Slithery
    • #5
    • 2nd Dec 17, 7:20 PM
    • #5
    • 2nd Dec 17, 7:20 PM
    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
    • By G_M 2nd Dec 17, 7:22 PM
    • 42,275 Posts
    • 49,113 Thanks
    G_M
    • #6
    • 2nd Dec 17, 7:22 PM
    • #6
    • 2nd Dec 17, 7:22 PM
    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.


    (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).
    Last edited by G_M; 02-12-2017 at 7:27 PM.
    • MissB2017
    • By MissB2017 2nd Dec 17, 7:26 PM
    • 20 Posts
    • 4 Thanks
    MissB2017
    • #7
    • 2nd Dec 17, 7:26 PM
    • #7
    • 2nd Dec 17, 7:26 PM
    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
    • By MissB2017 2nd Dec 17, 7:29 PM
    • 20 Posts
    • 4 Thanks
    MissB2017
    • #8
    • 2nd Dec 17, 7:29 PM
    • #8
    • 2nd Dec 17, 7:29 PM
    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'.

    (that's 'betterment')
    Originally posted by G_M
    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
    • By G_M 2nd Dec 17, 7:33 PM
    • 42,275 Posts
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    G_M
    • #9
    • 2nd Dec 17, 7:33 PM
    • #9
    • 2nd Dec 17, 7:33 PM
    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
    Last edited by G_M; 02-12-2017 at 7:43 PM.
    • agrinnall
    • By agrinnall 2nd Dec 17, 7:40 PM
    • 18,714 Posts
    • 14,421 Thanks
    agrinnall
    She wants the money before or she'll call the police and evict me if I say I can't pay.
    Originally posted by MissB2017

    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.
    Last edited by agrinnall; 03-12-2017 at 9:37 AM. Reason: Speeling mistook
    • MissB2017
    • By MissB2017 2nd Dec 17, 7:42 PM
    • 20 Posts
    • 4 Thanks
    MissB2017
    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.
    • Slithery
    • By Slithery 2nd Dec 17, 7:55 PM
    • 363 Posts
    • 526 Thanks
    Slithery
    Thats what I thought, damage is payable after I leave and once work is completed.
    Originally posted by MissB2017
    No. Any damages are payable after you leave, but the work doesn't have to be carried out.
    • Red-Squirrel
    • By Red-Squirrel 2nd Dec 17, 9:08 PM
    • 2,004 Posts
    • 5,521 Thanks
    Red-Squirrel
    If the police show up to throw you out. Leave.

    I bet they don't though.
    • getmore4less
    • By getmore4less 3rd Dec 17, 9:43 AM
    • 30,781 Posts
    • 18,387 Thanks
    getmore4less
    what's the hole in the skirting look like ,

    chances are that is repairable for a tiny amount of time/money even if the particular profile is no longer available there will be a fix that won't disturb the wall.

    Did you ever mention the damp problem to the LL?
    • deannatrois
    • By deannatrois 3rd Dec 17, 10:14 AM
    • 4,910 Posts
    • 6,876 Thanks
    deannatrois
    I have repaired plenty of holes in walls (not made by me or anyone I know lol) by patching. If the room is to be painted or decorated what does it need to match with? You just sand it down and decorate.

    You shouldn't be replacing the bed either unless it was new when you moved in and its not cleanable. I bet they'd love it if you took it with you, saves them having to dispose of it.

    If there is any way you can leave earlier, I suggest you do so. Can you prove you paid a deposit when you moved in (bank transfer)? Then you might be able to go to court to get your deposit back. I wouldn't pay anything extra at all. Before you leave, take photos of the room in great detail.

    If you have any photos you took of you in the room in the first year or so it will help you show the state of the room when you moved in. But remember the LL has to prove that you caused the damage, I don't see how they can unless they have an inventory or photos of the room before you moved in. Keep any texts or written messages you have saying you have to leave earlier than your lodger agreement (in face keep them with you when out of the room in case they do decide to change the locks). Try to keep anything valuable with friends if you can't leave.
    Last edited by deannatrois; 03-12-2017 at 10:17 AM.
    • sevenhills
    • By sevenhills 3rd Dec 17, 1:40 PM
    • 757 Posts
    • 269 Thanks
    sevenhills
    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.
    Originally posted by MissB2017
    Sounds like she has received plenty of money from you in that time; the damage that you mention sounds more like wear n tear.
    Surely you cannot be held responsible for maintenance issues.

    • macman
    • By macman 3rd Dec 17, 3:15 PM
    • 41,422 Posts
    • 17,043 Thanks
    macman
    How can she say you 'haven't kept on top of damp issues' when she lives in the same house? If she's resident, that's her job, unless you refused to allow her to inspect the room. She's just trying it on.
    As for a small hole in the skirting board, buy a tube of filler, then a dab of paint, all sorted in a few minutes. Why would the skirting board need replacing?
    And in future, insist on a copy of the contract you agreed.
    No free lunch, and no free laptop
    • LilElvis
    • By LilElvis 3rd Dec 17, 4:20 PM
    • 3,197 Posts
    • 8,855 Thanks
    LilElvis
    It would appear that events have taken another turn.

    This is the OPs new thread where she has been thrown out of the house and has assaulted the landlady's boyfriend:

    http://forums.moneysavingexpert.com/showthread.php?t=5754646
    • cjdavies
    • By cjdavies 3rd Dec 17, 6:23 PM
    • 2,842 Posts
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    cjdavies
    It would appear that events have taken another turn.

    This is the OPs new thread where she has been thrown out of the house and has assaulted the landlady's boyfriend:

    http://forums.moneysavingexpert.com/showthread.php?t=5754646
    Originally posted by LilElvis
    She is the victim - other person kicking in door, threatening to be dragged out of house by hair and she is made out to the bad one
    • Slithery
    • By Slithery 3rd Dec 17, 6:28 PM
    • 363 Posts
    • 526 Thanks
    Slithery
    That's still no excuse for physical violence.
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