Lodger trouble

davidjay85

Hello I am after some advice.

I am a joint-landlord to a two-bedroom flat. I joint own the property with my ex-gf.

ex-gf has been living in the flat with a lodger who pays £400 pcm. She recently had a lodger who moved in but left after a week as they had a falling-out/Misunderstanding with ex-gf. (ex-gf informed lodger of her intentions to leave the flat as she wanted to move elsewhere and then rent the property out as a whole. Lodger took it personally thinking that ex-gf just wanted to boot her out which wasn’t the case).

Lodger moved out straight away, without giving any notice and demanded a full refund of her rent. Ex-gf returned the deposit and gave Lodger £200 (half the rent) as thats all exgf could afford at the time. Lodger is chasing me for the other £200 and is threatening legal action if I don’t pay.

Now as lodger left before the end of the month without giving any notice, are they entitled to any Money? Where do I stand legally?
The way I see it, lodger shouldn’t be entitled to a full refund as she lived there for a week and left without notice. Lodger has had half her rent back and I am reluctant to give anything else as its hurt me and ex-gf financially.

I have two options really:

1. Give lodger £200 in exchange for the keys she still has.
2. Change the locks and give her nothing.

What do you think?

RAS

You need to change the lock barrels anyway regardless of whether or not hs ehas returned a set of keys.

DRP

#2

It will cost you a lot less to change the locks. The lodger shouldn't even be receiving a half-refund imo.

McKneff

Was there anything written down about notice periods.

If not, I would charge her for the period she was there ie a week, so giving her £100 back in exchange for the keys.

And change the locks anyway, just in case she has made copies.

HappyMJ

I'd keep the money..You don't have to give money back that was paid for rent. Give the deposit back if any was taken and a goodwill payment if you want which you have done but you have no legal responsibility to give prepaid rent back if they cancel. If you cancel with no notice then you must give the money back.

BitterAndTwisted

I think retaining one week's rent in lieu of notice is fair.

The threat of legal action is an empty one if the lodger and your g/f didn't sign a lodger's agreement setting out that no notice was required on either side.

Change the barrel of the lock right away and don't be held to ransom

00ec25

let us make some assumptions:
1. the fact you are a 50% owner is irrelevant becuase you have not received any share of the £400 pcm rent form your exGF's succession of lodgers
2. they are your exGF lodgers, you have no legal relationship with or liability towards any of them at all

she can sue you to hell and will get nowhere because you are not party to anything. Any money you offer her is a goodwill gesture on behalf of your exGF

if either or both the above are untrue....

a) I hope you and exGF have been declaring your respective income correctly for tax purposes
b) she may well be your tenant with more rights that you think

BitterAndTwisted

If one of the co-owners lives in the property there's no way in hell that this person could be a tenant. Not unless they have their own self-contained property within the dwelling and that's not very likely in a two bedroomed flat.

Guest101

Unfortuantely this person could claim your ex gave him/her 24 hrs to leave, in which case a refund would be advisable. I'd refund £100 just to get them off your back, or your ex should pay to be more specific

maginot

Was there any signed tenancy or agreement with the lodger?

If they are a lodger and not a tenant then they do not have to give any notice, so not sure you can suddenly start charging a month or weeks rent in lieu of notice.

I would give them their money back as they haven't stayed there (or get the ex gf to give them the money back as the transaction has nothing to do with you). Then also change the barrels of the locks as well.

keyser666

maginot wrote: »

Was there any singed tenancy or agreement with the lodger?

If they are a lodger and not a tenant then they do not have to give any notice, so not sure you can suddenly start charging a month or weeks rent in lieu of notice.

I would give them their money back as they haven't stayed there (or get the ex gf to give them the money back as the transaction has nothing to do with you). Then also change the barrels of the locks as well.

They have stayed there though