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Lodger or tenant and their rights?

A couple moved into my spare room july 2010 and stayed for 5 weeks. They gave me a deposit of £150.

They damaged my property , left it in a an unfit condition and left sanitary products for me to clear up.

I kept the deposit and the reasons was explain to them at the time. I have now received a letter from them stating they would like their deposit back and giving reasons which they did not discuss with me when leaving. They deny leaving it unclean. Damage was done to the property including damaged to a brand new bathroom door and damage to cupboard which they say was wear and tear , please bare in mind that they lived here for 5 weeks.

I have received a letter saying they are taking me to court for the money. There was no contract or any proof they have given me a deposit or even lived here. Letter wasnt sent recorded. They have said they are taking me to court if i do not reply within 14 days.

Could some one tell me where i stand please? They honestly left the room un cleaned and a small amout of damage

Comments

  • Yorkie1
    Yorkie1 Posts: 12,068 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Did you take photos of the damage before repairing it?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    1st - they were lodgers, not tenants, so fewer rights. For example the legale requirement for the landlord to register the deposit in a government approved scheme does not apply.

    Having said that, it would still have been wise to record the state of the property when they moved in, to avoid disputes exacly like this one. And photos as Yorkie suggests above.

    My guess is they are bluffing and will NOT take you to court. However, if they do, it will become a qustion of who the judge believes, you or them. If you have any evidence (witness? eg a friend who saw the room and damage when they moved out?) it will help.

    A bill from a cleaning company if you used one? Even extra bills from Tesco for cleaning material dated at the time to show you had to go out and get extra stuff. ANYthing to support you verbal statements about the dirt/damage etc.
  • I can guarantee you that they won't be going to court. The cost of doing it would be almost what the deposit was. Plus, unless they paid you by cheque or you issued a receipt they have no proof that they've paid it. Put their letter in the bin where it belongs.
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