two lodgers want to use there deposit as rent

lindalou1

Hi, was wondering if anyone can advise me??
I have two lodgers who are moving out of my home and moving in together. This is the last month in my home and they have not paid any rent this month and want me use deposit for rent.

Not happy about this as deposit is security for rooms left in an appropriate manner and any bills owed at end.

Can I ask them to leave if no rent??

They are becoming very stroppy and terrible atmosphere in house!!

BitterAndTwisted

How much is the rent owed, how much is the deposit held and how much are the anticipated bills expected to be?

FATBALLZ

This is increasingly common as the standard of private landlording in the uk is dropping by the day so tenants are very wary of landlords who are all nicey nicey and then steal your deposit when you move out.

BitterAndTwisted

These two are not tenants, they are lodgers and therefore have different rights (i.e. none).

Running_Horse

I have allowed it in the old days when I rented spare rooms, if I trusted them.

You know when living in a house if you trust someone.

bitsandpieces

The deposit is to cover damage etc. Withholding last month's rent to cover the deposit isn't what they're meant to do (unless you agree first - as RunningHorse presumably did).

As lodgers, they will have far fewer rights than tenants with an AST. Always better to settle these things amicably if possible, though.

BitterAndTwisted

OP your two lodgers patently have little or no savings to finance their onward move as they will have to come up with a new deposit and rent in advance. Your not being happy for them to offset the current month's rent against their deposits is causing resentment because they probably believe you are not being reasonable. Reasonable in this instance is not agreeing with their point of view when they think you should.

If you're seriously worried about their deposits not covering any damage and future bills you could consider asking them to leave immediately while you arrange for new lodgers to move in and you wouldn't be breaking any laws by doing so. BUT you run the risk of them willfully making your life rather difficult in the meantime so it just depends on what your exposure is and what risks you are willing to take.

I've been in the same situation myself: you try to make people feel welcome so they can think of the place as their home. You don't charge them extortionate rent but something you consider entirely reasonable. You let them use any of your appliances, bed-linens and music-system and they don't even treat them with respect. You cover all repair bills and replace anything which they break. You let them have pals to stay over whenever they like and still you're the exploiting landlord ruthlessly ripping poor innocents off. Having actual friends as lodgers is even worse as the relationship can sometimes become completely destroyed as I have discovered. That's why my spare room is empty and will stay that way from now on.

lindalou1

The rent is£250 and deposit is £250, I said I would meet them halfway and take half the rent from deposit but they say they cant afford it they have used their money for new house deposit!!

BitterAndTwisted

Then you must insist that they give you whatever you require against future bills IN CASH before they leave. In your position I would accept that you might never see another penny from them and budget accordingly. For your next lodgers please ensure that the same can't happen again by insisting that the deposit is greater than only one month's rent.

They can afford it, they'll just have to get an overdraft to cover it. That they've over-extended themselves is their issue not yours.

lindalou1

If i asked them to pay rent or leave would i have rights to do that??
And am I within my rights to leave their belongings outside the house and change the lock!!
I know thats a bit extreme but when there is one of me and two of them in MY home and they are now being shifty and do not trust them at all, and it is very tense!!

basieman

:wave:Hi, Having lived in rented accommodation, can I ask- When they first moved in they, presumably paid 4 weeks in advance? This then becomes their "termination month" , once they have tendered their termination of the rent agreement they are allowed to use the advance rent paid to you at the beginning of their tenancy.

The deposit is to cover possible damage and misuse and is only available to them once they have handed the keys back to you. This is MOST important. The danger, is if you return the deposit BEFORE they leave your home, you lay yourself open to all sorts of abuse, believe me, both physical and structural!:eek:
I presume you DID get them to sign a rental agrrement or was it all done as a "gentlemans agreement?"

If there are problems it may be useful to give them CAB's number to ring!:A

If they have NOT paid in advance for their accommodation they are in arrears and you are justified in seeking their eviction. It is, after all, YOUR home and you shouldn't need to feel threatened by their trucculence to leave.

I suggest you use their deposit to invest in a taxi for them pronto!



Hope this helps.