lodger deposit dispute

danman2k

hi

i took in a lodger last year, he paid a month deposit of £200 and four weeks rent of £200.
after 2 month i increased the rent to £280 as i felt the power usage was being overly used and abused, things left on when not in house etc.
he disagreed and decided to not pay and gave me notice he was leaving, i cant remeber the actaul timing but i think he gave me 2-3 weeks notice.
i have gioven him back £100 of the deposit as this is all i think he is right too, but he want the whole £200.
as he was my first ever tenant and i was new to this game, we have no contract.
can i have some helpful advice please?, thanks.

G_M

You took him in on the basis of a rent of £200 (every 4 weeks?).

This is what he agreed to pay.

So this is what he must pay. Not more.

You tried to increase the rent and he declined to accept the new terms of the contract, therefore this new rent cannot be implemented.

Because of disagreement over the proposed new rent, he is leaving. Fine. He leaves, and you return his deposit in full providing
a) he has not caused any damage and
b) he has no rent arrears AT THE AGREED RENT (£200).

You've learnt a lesson - next time, agree the rent you want up front!

Be happy that this lodger is leaving if he is inconsiderate with switching things off - probobly not a good lodger to have. But that's just part of life. The next lodger may bemeticulous swiching stuff off when he goesout, but never do the washing up! Again,you cannot suddenly decide to charge more for this- you either persuade him to change his ways,or get rid and try again.....

marliepanda

On what basis are you wanting to retain his deposit.

You can't just keep it.

You wanted to increase the rent by almost 50%, he refused and left. That is his right.

He owes you the agreed rent (£200) for the time he was there.

You can keep the deposit if he owes rent or has damaged things. Not for any electricity bills. £80 a month is ridiculous, unless he was running a weed farm...

maninthestreet

£80 a month for electricity?? No wonder he is leaving.

00ec25

neither of you have anything in writing to evidence who was due to pay how much for what service other than the fact he paid you £200 for rent and you took it therefore in contract legal terms "consideration" was given (£200) and received (he took occupation) so the basis of a contract was established at a rate of £200. If you are unhappy with the current position the only solution is to go argue it in court

the fact he gave you 2 - 3 weeks notice is irrelevant as you had no contract in place therefore nothing to define what notice was required from either you or him. The default position for a lodger is therefore "reasonable" notice which is not defined in law and so 2 weeks could be deemed to be "reasonable"

danman2k

i am now trying to contact him to make the payment but he is not replying to me. if two weeks is going to be deemed reasonable then i will have to pay i suppose.

marliepanda

Lodgers have very few rights, but this goes both ways. You can make him leave quickly and he can leave quickly too.

Think of the huge savings in electricity you've made due to his short notice

G_M

danman2k wrote: »

i am now trying to contact him to make the payment but he is not replying to me. if two weeks is going to be deemed reasonable then i will have to pay i suppose.

You sound very resentful. Not a good attitude for a live-in landlord. You need to be flexible, understanding, willing to compromise.

It goes with the territory.

Given the rent is not monthly, but (4) weekly, 2 weeks notice is definitely reasonable. Be grateful he did not just walk out when you decided to hit him with the increased rent.

He is probobly really p*ssed off with you for agreeing a rent, letting him move in, and then turning round and demanding more! He now has to find a new place, and go through all the hassle of moving again......

As I said, be grateful he gave notice.
Be grateful he is leaving.
Learn the lesson for next time.

tbs624

OP - you've been given sound comments by the above posters.

Before you let out the room again you may find it useful to take a look at solicitor Tessa Shepperson's Lodger LL web site, in particular the "21 days of tips".

Work out your potential costs in advance rather than plucking arbitrary sums from the air.

It's a fact of life that many of those who aren't responsible for paying the actual utility bills tend to be less careful of switching things off after use - that's whether they are a lodger, tenant, or teenage/young adult offspring in the parental home.

Some LLs in some types of accommodation with bill inclusive deals have an "incentive" clause offering a partial refund if bills are kept down and/or application of a specific surcharge if "fair usage" exceeded. Quite how you arrive at the right figure with a lodger requires some thought.

princeofpounds

£80 a month for electricity?? No wonder he is leaving.

Precisely that!

G_M

tbs624 Before you let out the room again you may find it useful to take a look at solicitor Tessa Shepperson's Lodger LL web site, in particular the "21 days of tips".

http://www.lodgerlandlord.co.uk/category/21-days/

As we are now adding more tips, are you (otherwise) alone in theproperty? Claiming single person discount on Council Tax? If so, budget into the rent you charge the extra CT costs!

See also

LODGERS (Licencees/Excluded Occupiers)
A lodger (broadly) lives in the same property with their resident landlord, and shares facilities. Unlike tenants, lodgers have few rights.

The Housing Act 1988 provides definitions of 'Resident Landlord' and 'same property'.

There is advice for landlords considering taking in lodgers here:

LodgerLandlord (General information site)

Landlordzone (General advice on taking in lodgers)

Renting out rooms in your home (Government info)

Rent a Room Scheme (Government scheme for tax-free income from lodgers)