Please help...am I being a cow

natwill_3

I have a lodger who I have had a few problems with...and



My lodger decided she wanted to bring her cat (with her parents at present) to live with her at my flat.
I already have 2 cats who have taken a long time to settle and decided regretfully
that 3 cats in a 2 bed flat was too much.


I spoke to her 3 weeks ago and said that if she was going to want to bring her cat back from her parents in August she needed to find somewhere else to live because of above.
She gave the impression that she would find somewhere immediately and asked if she needed to give notice, I said No..I will start advertising the room



3 weeks later (Tues) I have found someone nice to move in, I asked lodger if she had a rough idea when she would be going so that I could tell new person who could arrange things her end. She said it could be any time from tomorrow to beginning of August, I stressed that I just wanted a rough idea, she said end July. I said I had only said no notice as she implied that she would be going immediately


A day later I gave her notice to leave on 28th July, just over a months notice and said she could use her deposit as last months rent. This was so that new person could move in that weekend.


Lodger has now said she is moving 16th July and wants a refund of 2 weeks as she has paid till 28th July.


I said if new person can move in earlier then yes, otherwise no as you said end July and told me to tell new person end July ..
Who is right?? Sorry to be so petty but I am just getting very annoyed and angry

pania

I believe that under current tennancy laws you are entitled to a full months notice. I'd check this with CAB or have a search on google to see if there is anything on the web.
Hope this helps
P
xx

sticher

Do you have a contract? If so, how long does it say you need to give?

natwill_3

thanks, she said basically you can't get anyone else till end July so I have done this and got someone end July, just annoyed now that she thinks she is entitled to a refund as she is going a bit earlier, if I had known earlier new person could have come earlier

B@@@@ hassle!!!

natwill_3

sticher wrote: »

Do you have a contract? If so, how long does it say you need to give?

Hi,

Its my flat where I live, no contract although she paid monthly

paulmcfadyen

Does her tenancy agreement state that she can use the deposit as the last month's rent? I would never allow my tenants to do so - as much as I trust them not to damage the place or steal from it, I'm not prepared to take the risk. I would suggest you do the same.

natwill_3

i didn't draw up a tenancy agreement, just thought i was doing her a favour!

Doozergirl

It's your home. I think that you can basically kick her out when you want to. Normal tenancy rules certainly don't apply to lodgers but what rights they have, I'm not sure.

I think she should have given you correct notice and should pay until when she said she was moving. I also think that you should be fair. If you can find the new lady to fill her place before 28th then give her the money back, it's fair, but if not, well, you decide what to do.

lynzpower

Hang on , everyone is getting confused here between tenancies and lodging arrangements.

Lodgers dont have ASTs, and lodgers in no way are protected by law.

I went through all this when I had my lodger-from-hell.

Basically, you can throw her out whenever. Is the top & bottom. You need to give "reasonable" notice, but that can be days rather than weeks and in any case, the lodger is not protected by law, so If you were so inclined ( not saying you are, but I certainly was!) you could dump her gear on the streets and that is that.

In term of wether you are being a cow or not, I think the difficulty is is that as there are no legal parameters for how to handle the leaving of lodgers, it makes it very difficult to hold anyone to anything. I personally feel like you have made a bit of a rod for your own back by being accomodating,( a rough idea etc) but i dont blame you as clearly with no legal framework to act within it does not give us any guides as to how to act or be reasonable or any clarity as to "right & wrong". If anything your moral compass should guide you.

my feeling having been in similar situation, is to allow her to go and give her the money back and get your new person in pronto. it is not very moneysaving, but then again, its your house you need to protect and your own peace of mind might be worth 2 weeks money. ( is it?)

If you cant afford the money to give her back then tell her as such. She wont be able to take you to small claims court or anything - you have no contract and there is no law to guide, so dont worry about that side of things.
http://england.shelter.org.uk/advice/advice-3132.cfm#wipLive-10019-4
heres a lijnk from shelter who I found v helpful over the phone - if you need them try 1st thing in the morning unless you want to be kept on hold for best part of the day.

Good luck & let us know how you go on
Lynz
x

natwill_3

Thanks for that! she has been so annoying that yes I am tempted not to, but for peace of mind and conscience probably will!

natwill_3

NOW sorted...thanks for your replies yesterday

No more lodgers I have decided..ever!