Ex Lodger trying to sue me.

htrj

Ive just had a lodger leave a room in a pretty awful condition so I decided I had to make some deductions from the deposit to rectify it.

The lodger has today sent a letter to me (apologies if this is difficult to follow) from a PO Box to an address which doesnt exist although my postman deducted from the name that it might be for me so brought it to my house anyway (it was signed for but I didnt sign for it) and which doesnt actually request that I do anything in respect of the lodgers deposit.

My question is should I take this letter seriously? It is addressed to someone of my name but has not been sent to my address (except for the discretion of my postman). It doesnt make any reference to how much money the lodger is seeking although it states the lodger will begin a small claims proceedure in 21 days. Also it is sent from a PO Box which I didnt think you could start a claim from - please tell me if im wrong.

Imp

When you say you "decided ... to make some deductions" do you mean that you penalised the lodger for the state of the room, or that you incurred some tangible financial loss (with proof such as receipts) which you used the deposit to cover? If the former, then you may have a problem. If the latter, then you may have a rock solid case and any court proceedings will go in your favour.

BitterAndTwisted

It's my understanding that a person does not need to prove that they have written to you to warn you that they intend to commence court proceedings against you. Although a judge would consider it pretty poor if they have not attempted any negotiations with you before doing so. I have no idea whether it's OK or not to write or have court documents issued from a PO address.

If you're confident that the deduction you have made is reasonable and can prove the damage charged for I would be tempted to ignore this letter and wait and see if they come up with the threatened court proceedings.

How much were the deposit deductions?

G_M

He's not starting a claim - he's warning you that he might start a claim.

How strong is your justification for the deductions you made? Have you got (photographic? ) evidence of the condition when he left? And/or when he arrived? Or witnesses? Or receipts from cleaning company you employed at cost of deduction?

Chances are this is a bluff, but you may get a claim in the post. Of course, if it is (again) wrongly addressed, and /or is not signed for then you can dely things, but far better to just present a clear defence.

htrj

I made reasonable deductions for cleaning and repairs which can be evidenced by quotes and receipts amounting to less than 100 pounds. Photographs can also be provided.

I must admit that my initial reaction was to ignore this letter but its interesting that you say you dont need to warn someone that you might start proceedings. In hindsight I realise that is just good practise to do that and not part of the proceedure.

Perhaps I should begin dialogue with them and try to settle the matter before he wastes mine, his and the courts time.

Thanks for all your input.

BitterAndTwisted

I wouldn't bother wasting my time. If you're confident that the deductions were reasonable and you can prove it, let them waste their £50 in starting the process. You can then give your receipts and whatnot to the court in reply. Considering how little you've charged them I reckon the chances of them trying to take you to court are nil. I think what they are doing is known as "flying a kite".

geoffky

Do lodgers pay deposits? What law says you can keep some of a lodgers deposit?

BitterAndTwisted

Of course lodgers can be asked to pay a deposit. Would you let a stranger live in you home without some security against damage or running up huge phone bills?

If you need an answer to "what law" I suggest you do your own research.

G_M

geoffky wrote: »

Do lodgers pay deposits? What law says you can keep some of a lodgers deposit?

Is this a serious question?

Are you trying to help the OP by suggesting that he was wrong to take a deposit?

Or are you a prospective landlord with a question about lodgers that is totally unrelated to the OP's question - in which case start your own thread or better still, take a look at the links at the bottom here.....

geoffky

Many years ago i lodged in places down south while working and not once was i asked for a deposit and also in places like guest houses that i stayed in for months on end.

hunsbury0

geoffky wrote: »

Many years ago i lodged in places down south while working and not once was i asked for a deposit and also in places like guest houses that i stayed in for months on end.

I don't think that the OP is running a guest house.

All landlords that I know hold deposit incase of damages/losses.