Returning rent money

meerkar

Hello

I recently took in a lodger on a Monday to Friday basis, it was short term of 6 weeks as that was all his contract was for.
He had come to view the room some weeks previous and liked it even though he hadn't had the job offer, he left a cheque for the first months rent to reserve the room in case he did get the job.
He called a couple of weeks later to say he had the job and would like to move in which he did last Sunday. I cashed the cheque and as it was short term I didn't ask for a deposit or get him to sign an agreement.
As he left on Friday he said he was thinking of commuting the distance every day as he was missing his home and would let me know what he decided over the weekend.
He has now come back to me and said he won't be coming back and wants the 3 weeks money returned to him.
Do I have to give him the full refund or am I able to keep an extra week as he hasn't given any notice? As there is no signed agreement or deposit I don't know where I stand, or do I need to return all 3 weeks money?
Its annoying as I had to turn people away whilst he was waiting to hear if he had the job!

[Deleted User]

As there is no agreement either verbally or in writing, I would have thought you'd be perfectly justified in taking a week's money to cover your re-advertising costs and time lost. No legal basis for this.., but there is no legal basis for him either. I doubt he'd bother taking you to small claims court for this money.., but if he does, I suspect you'd win if you can prove your costs.

Obviously next time, put the agreement down in writing even if short term, but make sure the agreement covers all eventualities.

dancingfairy

I'd probably give the money back and be done with it. Lodgers have very few rights and landlords can ask them to leave with little or no notice. I therefore believe a lodger can leave with little or no notice. It would be nice if people could be reasonable and give reasonable notice but obviously he hasn't.
If you can negotiate to keep an amount for hassle and reletting then fine. If not I'd just be tempted to give it back and walk away to save yourself the hassle.
df

Kynthia

dancingfairy wrote: »

I'd probably give the money back and be done with it. Lodgers have very few rights and landlords can ask them to leave with little or no notice. I therefore believe a lodger can leave with little or no notice. It would be nice if people could be reasonable and give reasonable notice but obviously he hasn't.
If you can negotiate to keep an amount for hassle and reletting then fine. If not I'd just be tempted to give it back and walk away to save yourself the hassle.
df

I believe the term is 'reasonable' notice therefore the OP could argue 1 week is reasonable and give the rest back. However I think a contract would overrule 'reasonable' notice if there was one so in future the OP should have a signed agreement that specifies notice either side and whether a holding deposit us non-refundable should someone then not take the room.

G_M

ALWAYS have an agreement covering rent, what the lodger can/can't do (eg Mon-Fri only, access to which rooms, shared costs like bathroom/kitchen stuff, visitors, etc).

If you don't make things clear upfront you are asking for trouble.

If there was no agreement about notice, then either side can give 'reasonable' notice.

You could easily argue this is 1week.
Or it could be argued on a mon-fri agreement it is a weekend!

Imagine you'd hated him or his habits. Might you have told him on a fri evening not to come back on Monday?

Up to you.

meerkar

Thanks for the advice, I do usually get an agreement but as it was so short term and I wasn't taking a deposit I didn't think to, lesson learnt!

G_M

Also crazy not to take a deposit. A lodger can do a lot of damage in a week......