Advice on returning deposit

Tara*_2

Hi All,

I’m very much a newbie but often read other threads and post for advice but unfortunately I need some direct advice if someone wouldn’t mind helping. I am ashamedly naïve with renting rooms (I am a live in Landlord) but tried my best to keep things above board and done some research online prior to renting – obviously not enough though.

Anyway will keep it as short as possible as I’m sure there are tons of these type of threads…

My lodger moved in January, paid deposit in December and signed a lodger’s contract. At this time she said she would set up a direct debit so that money would be paid on time as per our agreement.

The agreed date came and went with no payment on the first month; it was 5 days late with no warning or apology. Her excuse was that she lost my bank details. This unnerved me because this immediately demonstrated to me she potentially could be unreliable however I gave her the benefit of the doubt and did not make an issue of it. Stupid I know…

Subsequent weeks confirmed my judgement on her character and I was not prepared to continue the lodging agreement (9 months) especially as I had recently found out I was pregnant I didn’t need or want the stress of dealing with her and felt the best action was to give a month’s notice. She initially agreed to this and was happy to leave once we used the excuse of the pregnancy; I chose not to list annoyances and trust me there were a few! She is a student and asked for an additional two months after initial notice due to it being her last year of study. As her behaviour improved I decided I would again give her the benefit of the doubt (again) and agreed to notice being 10 weeks.

Which brings us to this week – my partner suggested I write written notice just clarifying our verbal agreement in February for her to vacate on 5th May. I stipulated I would transfer her deposit once all her possessions are removed from the room and the key is returned however my bank may take up to 48 hours to clear the money especially because of the bank holiday. I did say however I am sure the money will clear Saturday, depending on when she leaves – I gave her until midnight as this is when she is paid up until.

Well, all hell broke loose and she sent me some very irrational texts. Firstly asking that I ensure the deposit is cleared by Friday. I replied with my reasons and said your deposit will be returned once the room is empty and I have my keys’. I thought this was reasonable. She then started to intimidate me by saying she has worked in the police force for 5 years and was offended by the letter. I said the wording is similar to the contract so again not sure what the issue was. She then sent the final text which I felt was very personal and snide and she ended up contradicting herself by saying that deposits are returned when the lodger gives the key back. So not only did she contradict herself I never refused her deposit being returned on the day she vacates. She had the cheek to say I do not realise what an inconvenience this is to her, I understand it’s not an ideal for her but I gave her 10 weeks’ notice which I thought was more than enough time? Do lodgers really have any leg to stand on with notice?

Nowhere in my letter or texts (I asked for us to talk in person) do I refuse her deposit yet she has blown up in this way sending ridiculous text stating one thing or another. I replied that I prefer not to make things personal and reiterated her deposit will be returned to her once everything is clear from the room. Am I wrong for saying the rent could take up to 48 hours to clear? I only wanted to cover my back. She asked for cash but this really is not an option for me as I have telephone banking and I don’t have time to go up to central London to get cash. Also she did not pay cash…

She mentioned I should have had an inventory; I have taken this comment on board if I was ever to rent again however I can not see anywhere about this being obligatory. Can anyone advise on this in particular?

I really am not a horrid person; I helped move this girl from her old place to my place with no expectations of petrol money or anything. I was repaid with a late payment and no apology for it and other annoyances that I really am not going to bother you with. She is making out this is due to my pregnancy but the reason is I foresaw her being a problem, which she has become. I could actually do with a lodger for a couple of more months for need of the money so it really is due to clash of personalities yet I have not made things personal to avoid an uncomfortable living atmosphere.

Sorry for the veeeeery long and probably dreary sounding post. I am upset over this and just need some advice on course of action come Saturday. I feel I need to be prepared for worse case scenario and I want to ensure I do everything correctly to avoid antagonising the situation further.

Thank you.

arbrighton

someone will be along shortly with legalities I'm sure but for goodness sake stop communicating by text, which is difficult to keep a record of. Don't reply to her.

FWIW, i don't see how waiting until a key is returned is unreasonable, and while many internet payments are instant these days, not all are.

AFK_Matrix

Someone will no doubt come along knowing a bit more about it than me also but I too am renting my room out and have read up on it. Basically a Lodger has very few rights indeed. I personally would have written a letter giving notice as then its all clear cut. I also think warning of a 48hour delay is fine as you can't control the bank.

But for the future do you not have a current account with an atm card as then you could of transfered the deposit into this and thus got it in cash so as to get rid of them. And I know you probably don't want to do this as it will cost around £25 but you could do a CHAPS transfer to the lady which means the money will be with her in 2 hours and then you have no problems.

It's up to you to do the CHAPS and it will get rid of her and her moaning but it will cost you.

Tara*_2

:T Thanks guys for taking the time to read and reply.

I totally agree the conversation should not have been done by text but I just wanted to respond to her request for deposit to be paid the day before she is suppose to leave and didn't expect her to blow up like she did.

Cash from the ATM has a limit of £300 so it's not an option unfortunately. She took that as me refusing. I might suggest she pays the £25 for guarantee transfer in 2 hours.

Grrrr it's so annoying she is offended by this written notice. I too learnt that lodgers had little rights and thought the letter would give her peace of mind that I have every intention of returning the deposit.

My problem is that I can't prove for damage as I stupidly don't have a deposit but I don't think there will be anyway. Just want security for keys really.

Anyway thanks again. If anyone can assist I would appreciate some advice on legalities should she decide to stay in the room after the agreed end date. I obviously can not forcibly remove her...

Tara*_2

Sorry was suppose to say I don't have an inventory, not I don't have a deposit.

I could probably edit my post but don't know how!!!

Werdnal

Whilst I am no expert on the legalities of lodger agreements, I believe you can forcibly remove her - with the help of the police, if she has been given written notice and refuses to leave.

You can also bag up all her belongings and place them on the doorstep when she goes out, and refuse to let her back in. Change the locks and charge the cost of the locksmith to her deposit if you have to! If she turns up on the doorstep shouting the odds, then call the police and have a copy of your notice letter ready to show them. She won't have a leg to stand on.

However, lets hope it doesn't come to that.

PS to Edit your posts, use the "Edit" button at the bottom of the particular post you want to change, then save it!

Tara*_2

Wow that edit button is really obvious now!! Thanks for your advice...l may see if there is anything on the Met web pages about civil disputes now. I too do not want to bother them with this and probably won't have to.

Good to know I can lock her out however I am nervous now about the deduction of money from her deposit should she dispute it. Can I really do this to change the lock? The law on lodger deposits are so varied. Nothing on shelter or direct.gov. Sorry if I appear to be repeating myself, I just want to keep things kosher.

Werdnal

Wait until someone else comes along to confirm the deduction from the deposit bit, but to be honest even if she did dispute it, you would have to pay back the amount you took, so nothing really to lose.

Indeed, for your own security, if she refuses to return your keys, you would be forced to change the locks anyway, so don't see why you should pay for it!

G_M

1) she's a lodger, not a tenant
2) she has few rights
3) it's your home - reasonabke notice is due but if she were threatening in any way, in your home, 'reasonable' would be same day! If you feel intimidated by her ongoing presence, get a friend rouns and evict, or see below.
4) You can use force to evict - but again 'reasonable' - hard to define so if you ever anticipate forcible removal (which as I say is legal) pre-warn the police or ask them to attend "in case there is a breach of the peace"
5) Don't 'leave her belongings on the doorstep' - you do have a duty of care - but write to her telling her when/how she can collect, and warning her they will be disposed of if not collected (there are some advice on timing etc somewhere)
6) the deposit is not for her to argue the timing of return over - again, 'reasonable timeframe' . Don't even discuss it certainly not by text. And do NOT return it till she's gone AND her belongings are gone AND you've been able to assess the property for damage/cleaning etc
7) After she's gone, whether she returns the keys or not, CHANGE THE LOCKS AT ONCE.

Tara*_2

Thank you for the invaluable advice. I just want tomorrow over and done with!! I will update hopefully on Sunday with something positive

DVardysShadow

G_M wrote: »

7) After she's gone, whether she returns the keys or not, CHANGE THE LOCKS AT ONCE.

I agree. You could hope that she does not return the keys when she is supposed to, change the locks and charge it to her deposit.