Lodger Leaving Deposit Return etc

roses

Hi, I verbally served my lodger notice to leave on 25th September due to her:
- constantly complaining about the rent
- having a house party without informing me and not cleaning up the mess

I told her the notice period is two weeks as per the contract and I don't mind if she leaves before and I will pro rata the rent.

Two days ago we have a conversation and I ask if she has found anywhere. She had not. She said she had cancelled her rent standing order due on the 1st of the month. I told her I am ok to accept the deposit in lieu of rent up to one week. If she wants to stay longer than one week into October then I require rent to be paid as the deposit is a damage deposit.

This evening she hands me a piece of paper to sign stating:
- she is leaving on 19th October
- I am to use the deposit in lieu of rent and deduct 18 days and bills

I haven't signed it yet as I want time to think about it. She hasn't been vindictive (yet). This party she had was one incident in 7 months. The carpet was filthy afterward, which I cleaned up using a carpet cleaner, drinks were split on the sofa and my lovely white walls(!). All of it cleaned up ok but she did not clean any of this up, it was me after listening to her excuses after one week oh I'll do it tomorrow, my neck hurts etc. I am also tired of her moaning about the rent so I decided to give her the boot.

I would like some advice on:
1) Should I accept the deposit in lieu of rent? After bills and rent up to 19th October I estimate I will have £200 left to return to her
2) What date do I pro rate the rent if she is leaving on the 19th? 18 or 19 days?

In general I am not expecting there to be any issues as she is a clean freak. But given the above I can't be 100% sure.

Thanks all!

DVardysShadow

Sign her piece of paper? No way! Just for the cheek of it, you should kick her out on the 9th, as planned. The very fact that she is trying it on for the 19th suggests she is taking you to be a soft touch and your post here confirms that.

The sooner she is out, the sooner you get peace and the sooner you can start thinking about her replacement.. If she does not respect you, you must respect yourself and make your date stick.

Zebradome

You don't have to sign anything.

If you think you won't be out of pocket due to repairs or cleaning, it's up to you whether you ask her to pay 18 days rent now, with the promise that her deposit will be returned in full on 19th, or accept the terms she wants.

Dig out the original lodger agreement as back up for your actions.

G_M

Should I accept the deposit in lieu of rent? After bills and rent up to 19th October I estimate I will have £200 left to return to her

No way! Between now and her leaving anything can happen. As there is clearly bad feeling, she might turn nasty and damage stuff before leaving.

Do not let her stay is my advice - once a relationship has broken down , end it asap. Tell her you want her out .. by Monday. Do not leave her alone in the house. Physically evict her if she won't leave (have a friend round).

She's a lodger in your house, not a tenant with an AST.

Jowo_2

The notion that a landlord signs conditions demanded by the lodger, let alone one whose behaviour has precipitated their being served notice, is laughable and sounds like a 'suckers charter' to me. Tell her to pay rent up to the 18th and that you'll change the locks and put her stuff into storage if she's not gone by then. Alternatively, put your foot down and let her know that she's leaving on the original date (your terms) and not one of her own preference.

The purpose of a deposit is for basic protection against arrears and damage which is reviewed AFTER the tenant or lodger leaves.

Typical scenario is that the lodger leaves when the landlord legally serves the notice, pays the rent up until the date and then gets their deposit back, less any justifiable deductions after their check-out. Any lodger remaining after the notice period remains can expect the locks to be changed (quite legal to do since their status is more akin to a guest in someone's home and affords scant protection but a well written lodger agreement helps the landlord).

Put your experiences down as a learning curve. Read up on advice from the following links so you don't end up with an anti-social blackmailing lodger the next time.

And never do things by verbal agreement - lodgers fill in an application form, are screened for references and credit worthiness, have a lodgers agreement and inventory/schedule of condition for their room - everything documented. As one wit has said 'a verbal agreement is worth the paper it's written on'.

Without a proper audit trail, a conniving occupant will further exploit the landlord knowing that the landlord is unable to prove notice has been served and so forth.

http://www.landlordzone.co.uk/lodgers_rent-a-room.htm

http://www.landlordzone.co.uk/lodgers_questions_&_answers.htm

DVardysShadow

Jowo wrote: »

... Tell her to pay rent up to the 18th and that you'll change the locks and put her stuff into storage if she's not gone by then.

Clarification pls? I reckon with 2 wks notice given on 25 Sept, she should go on 9th Oct. Why do you say 18th?

Jowo_2

DVardysShadow wrote: »

Clarification pls? I reckon with 2 wks notice given on 25 Sept, she should go on 9th Oct. Why do you say 18th?

Oops, I meant to say the 19th, not the 18th because the lodger is requesting that she moves out then which is some time after the notice period has expired (not that the landlady has to accept this extension at all).

The basic feedback on this thread is that the landlady should not accept the demands of the lodger by accepting the deposit instead of rent and is generally advising her not to grant the extra time in the property.

However, since the landlady doesn't have any proof that she's given notice and the lodger is lazy and conniving, she might be better off producing a document now (keeping a copy) to say either

1/ 'thanks for your offer to to leave on 19 Oct which I accept but rent is payable in full for this period and this must be paid in full by x date and your deposit is not accepted in lieu of actual rent'

or

2/ 'thanks for your offer to leave on 19 Oct but my request made on x date giving you x notice still stands and you must leave on 09 Oct and take all your belongings with you because the locks will be changed on the expiry of the notice period. You are currently in rent arrears of x sum which I expect to be paid in full before you leave. Your deposit is not accepted in lieu of rent as you request.

DVardysShadow

Jowo wrote: »

...
However, since the landlady doesn't have any proof that she's given notice and the lodger is lazy and conniving, she might be better off producing a document now (keeping a copy) to say either

1/ 'thanks for your offer to to leave on 19 Oct which I accept but rent is payable in full for this period and this must be paid in full by x date and your deposit is not accepted in lieu of actual rent'

or

2/ 'thanks for your offer to leave on 19 Oct but my request made on x date giving you x notice still stands and you must leave on 09 Oct and take all your belongings with you because the locks will be changed on the expiry of the notice period. You are currently in rent arrears of x sum which I expect to be paid in full before you leave. Your deposit is not accepted in lieu of rent as you request.

Thanks for the clarification. I would go with 2 and not necessarily in writing. Normally, I am in favour of writing, but for having someone in your home, I don't see it as necessary.

Jowo_2

DVardysShadow wrote: »

Thanks for the clarification. I would go with 2 and not necessarily in writing. Normally, I am in favour of writing, but for having someone in your home, I don't see it as necessary.

Okay, but in a worse case scenario, the lodger refuses to leave, the landlord changes the locks, the lodger calls the police to be let back in saying she had no idea it was going to happen or that she was ever given notice, the police then seek clarification with the landlord who is then unable to prove this. Just think it would be better to be able to produce a copy of a letter to prevent this type of mess, particularly as the lodger seems quite manipulative.

DVardysShadow

It is a civil matter, so not a lot to do with the police. And if they do stick their noses in and get it wrong, they are in some difficulty. Only thing to be sure of is to make provision for tenant's possessions.

Jowo_2

Blimey, Roses, I take it this is the stingy moaning one that you posted about a few weeks ago who expected you to insure her belongings and was furious when she found out that it wasn't in the agreement, nor is it the norm for a landlord to pay premiums to insure someone else's stuff?