Can I take my lodger to small claims court?

Kavanne

On 25/02 I had a new lodger sign this agreement:

http://i851.photobucket.com/albums/ab80/Talyad/Screenshot2011-03-28at172723.png
http://i851.photobucket.com/albums/ab80/Talyad/Screenshot2011-03-28at172735.png

To move in on 25/03 for a minimum of 6 months. On 25/03, after I'd given him the keys he sent me a text saying 'I'm sorry but the flat is not for me'. When I got back he'd put the keys through the door and written a short note saying the same thing.

In the termination section around the middle it says the landlord must give 4 weeks notice to terminate the contract early but it gives no right to the lodger to terminate early. Can I take him to small claims court for the 6 months rent I was expecting from him?

JQ.

I may be wrong, however, I've been a lodger and have had lodgers, and the answer to your question is NO.

Lodgers have no legal rights of occupation in your home and as such you can't enforce rights on them. It's not really fair that you can evict them with quite literally a few hours notice yet require them to give you 4 weeks notice.

I'm pretty certain that's not actually a legal agreement you have there.

Jenniefour

Would it be worth the bother? I wasn't aware that such agreements existed for lodgers i.e. where the landlord/landlady is the owner and resident in their own property.

Have you manged to get a new lodger?

Kavanne

No new lodger yet and I am getting antsy as he did not pay the rent due on 25/03 for the following month. Just said he was giving 4 weeks notice and to keep the deposit.

ovoreo

You may have an 'agreement' but I didn't think the lodger relationship had any basis in law? I'm sure other more knowledgable users will be along shortly.

Alter_ego

Kavanne wrote: »

No new lodger yet and I am getting antsy as he did not pay the rent due on 25/03 for the following month. Just said he was giving 4 weeks notice and to keep the deposit.

So what does he owe you?

Kavanne

Alter_ego wrote: »

So what does he owe you?

Well, he signed up and agreed to rent from me for a minimum 6 months on the agreement. I had trouble finding a lodger and I have no reason to suspect it will be any easier this time.

My question is, can I take him to small claims court or not? From a legal standpoint?

I reckon Judge Judy would side with me but that's irrelevant.

robpw2

Kavanne wrote: »

Well, he signed up and agreed to rent from me for a minimum 6 months on the agreement. I had trouble finding a lodger and I have no reason to suspect it will be any easier this time.

My question is, can I take him to small claims court or not? From a legal standpoint?

I reckon Judge Judy would side with me but that's irrelevant.

If he had not said yes you would still be in the same position you are now ,
the small claims court would seek to put you in the position you were before he signed the agreement
i would chalk it up to experience and forget about it

Kavanne

robpw2 wrote: »

If he had not said yes you would still be in the same position you are now ,
the small claims court would seek to put you in the position you were before he signed the agreement
i would chalk it up to experience and forget about it

Technically in that case I'm £30 down as deposit was £300 and rent £330

BitterAndTwisted

It's disappointing to be let down at the last minute but as far as I can see you haven't actually lost any money at all, you just haven't received their rent in advance as expected. I think it's pretty decent of him to have agreed for you to keep his deposit, under the circumstances as I don't see that you've got a right to it at all.

I'd suggest that you draw a line under it and move on

DVardysShadow

Of course you can sue him, why people say you can't and why you need to ask defeats me.

The more interesting question is whether you would win.