subtenant issues

Hudson1984

i'm also torn as I feel obligated to a refund but at the same time there is still rent and bills that are to be paid

yes I have come out of this on top and been very lucky and I will not be sharing ever again! lesson definitely learned.

Guest101

Hudson1984 wrote: »

i'm also torn as I feel obligated to a refund but at the same time there is still rent and bills that are to be paid

yes I have come out of this on top and been very lucky and I will not be sharing ever again! lesson definitely learned.

The rent - a - room scheme is a good scheme, but everything should be done via agreement.

Anyway, the best bet, bear in mind that her outstanding share of the bills will probably be £100 - £150 ? Bit of a guess. Would be to pay them, and return the rest.

But that is just my opnion, i dont think anyone would think any less of you if you didnt return any. The tempatation would be the same for everyone

Hudson1984

well as a share;

rent = £550
utilities = £95 (with increased being shown since her entry)
council tax = £105
Water = £40
TV = £12.12

total = £802, so to me if I was charging "share" hers would be £401 whereas i've been charging £350 and paying for broadband etc as goodwill

Yes as she's now gone she has overpaid on utilities however these are billed quarterly and estimations show that a £100 bill will be recieved on departure. And there was never an agreement to pro-rata a reduction to leave early.

So i'd be interested how to work out her "share" as if it came to it i'd like to be able to present those figure however as we've discussed being no agreement exists it would be a case of her word against mine

Guest101

Hudson1984 wrote: »

well as a share;

rent = £550
utilities = £95 (with increased being shown since her entry)
council tax = £105
Water = £40
TV = £12.12

total = £802, so to me if I was charging "share" hers would be £401 whereas i've been charging £350 and paying for broadband etc as goodwill

Yes as she's now gone she has overpaid on utilities however these are billed quarterly and estimations show that a £100 bill will be recieved on departure. And there was never an agreement to pro-rata a reduction to leave early.

So i'd be interested how to work out her "share" as if it came to it i'd like to be able to present those figure however as we've discussed being no agreement exists it would be a case of her word against mine

Well...

Ok, lets try it this way, as a share household, she would have a contract and be responsible for the bills etc. BUT you took on the house by yourself, and all the responsibilities are yours alone.

You used the rentaroom scheme, which give you £4250 a year tax free in payments from her. If she paid you extra, you would have to pay tax on it.

I think the line between lodger and housemate and so forth has gone skewed in this case.

Of course certain costs go up by taking a lodger, but those are still 'your' costs. You are responsible for them, even if she used them.

The rent is defientely nothing to do with her.

So that leaves half the utilities etc so 252.12 + the broadband/ halved.

So around £150 - 175.

The reason the rent is nothing to do with her, is because you and your ll have a contract regarding that rent. Shes not named on it. The rent could be £1, but she's just paying what you and her agreed.

Hudson1984

ah ok, so the £150ish is a given, she would only actually be able to claim back £200 of the deemed overpayment - this overpayment would be a dispute of agreement details rather than actual costs so really would come down to who can prove what the agreement was and being as nothing is signed on either part it would be difficult to prove in favour of one other the other? is that what you're saying?

i.e if she paid nothing I could if I pressed charges claim the £150 and dispute the £200

whereas because she has paid her £350 she could in theory dispute the £200 as a remainder after £150 (ish) of costs?

am I on the right lines there?

Guest101

Hudson1984 wrote: »

ah ok, so the £150ish is a given, she would only actually be able to claim back £200 of the deemed overpayment - this overpayment would be a dispute of agreement details rather than actual costs so really would come down to who can prove what the agreement was and being as nothing is signed on either part it would be difficult to prove in favour of one other the other? is that what you're saying?

i.e if she paid nothing I could if I pressed charges claim the £150 and dispute the £200

whereas because she has paid her £350 she could in theory dispute the £200 as a remainder after £150 (ish) of costs?

am I on the right lines there?

Like i say it's all been a bit muddled up. but in essence yes.

Well she would dispute the whle amount, but you could argue the £150 as final bills etc. Is she named on the bills by the way?

It's all the in your favour, in her favour, in your favour..... on different points. I think that's why most lodger's agreements are weekly and include bills.

That way if a lodger chooses to leave, both parties know where they are. This has got muddled because the bills are being split, and she's paying monthly.

Guest101

I really wouldnt worry about it too much. End of the day. she's not going to take you to court. Frankly if she does, i'll pay her the money! It's just not going to happen. The amount is too small.

Id be more worried about her having access.

Hudson1984

no she's not named on anything at all other than voters register at the property.

yeah definitely muddled!! I just don't want the hassle of a court case, she decided to pay her rent AND leave I don't see why I should be liable because she's changed her mind....in fact she hasn't said she is expecting a refund, just given bank details should I want to give one i.e hint hint hint

but until the threat of legal proceedings actually take place I guess I should just think myself lucky

Hudson1984

with regards to access, i'm going to give her till the weekend - she wanted to come back and collect her skates and some book which is fine.

After this weekend I'll be using the deadlock (for which she has no key) and if this is disputed, rather than saying "tough luck" i'm going to say i broke my key and have to use the other one, as this has happened on a few occasions so would seem justifiable

Guest101

Hudson1984 wrote: »

no she's not named on anything at all other than voters register at the property.

yeah definitely muddled!! I just don't want the hassle of a court case, she decided to pay her rent AND leave I don't see why I should be liable because she's changed her mind....in fact she hasn't said she is expecting a refund, just given bank details should I want to give one i.e hint hint hint

but until the threat of legal proceedings actually take place I guess I should just think myself lucky

Yep, she'd have to serve you notice before action, so you'd know it was coming. I wouldnt worry