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Lodgers rights

I need some advice re lodgers rights please.

My son was renting a room in a house with a resident landlord.
He was seen smoking an unlawful substance and subsequently the house was raided.

No drugs were found but he was arrested and taken to the police station.
He was released without charge and returned to the house where he was told to go away and never return.

He paid a months rent on 20 July and paid a deposit, the landlord is refusing to return either the remaining rent money or the deposit.

I understand the landlord's anger but my son is homeless a long way from home and needs the deposit in order to get somewhere else to live.
«1

Comments

  • As a lodger, his rights are few and don't seem to have been breached by the landlords actions, based on your OP. The matter of the rent/deposit should be addressed via the small claims route.
  • mrginge
    mrginge Posts: 4,843 Forumite
    edited 29 June 2014 at 7:29AM
    Take the landlord to court.
    Your son may win.

    (Text removed by MSE Forum Team)
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    They raided the house because someone was seen smoking weed? Pull the other one.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Lodgers have very few rights. If your son's actions caused the property to be raided by the police then the landlord was within his rights to kick him out. As for the deposit I suppose that depends on if your son, or the police raid, caused any damage to the property. If your son feels that he is due some or all of his deposit back then he will probably have to go down the small claim court route. This won't be quick a process so if he needs money (and hopefully not a reference from his previous landlord) to get together a deposit for a new place is there any chance you could lend/give him the money?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    As others have said, a lodger has little protection in law, and can be evicted easily - as has happened.

    However the deposit should be returned, unless damage was caused by lodger. I doubt the deposit could be used to cover damage caused by the police, especially given that your son was innocent (no charges were made).

    Advance rent should also be returned.

    Unfortunately, if the landlord declines requests to refund these monnies, the only option is court action:

    https://www.moneyclaim.gov.uk/web/mcol/welcome
  • G_M wrote: »
    I doubt the deposit could be used to cover damage caused by the police, especially given that your son was innocent (no charges were made).

    Under those circs, just FYI, the Police would pay for any damage caused.
  • 19lottie82
    19lottie82 Posts: 6,033 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Was it the LL who saw him & grassed him up, but to coin a phrase?!
    Surely the police wouldn't have come out just for someone smoking a joint, unless the LL spun a yarn & made out some serious drug dealing was going on? A ploy to get your son out & keep the money perhaps.
    Even if the LL did report him to the police, it would take a lot more than someone sobbing someone in for smoking a spliff, for a house to be raided. Someone is being a bit selective with the truth here.
  • 19lottie82
    19lottie82 Posts: 6,033 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Under those circs, just FYI, the Police would pay for any damage caused.

    Ha ha ha, I've never heard anything so ridiculous. Of course they wouldn't!
  • 19lottie82 wrote: »
    Ha ha ha, I've never heard anything so ridiculous. Of course they wouldn't!

    They would, and they do.
  • mrginge
    mrginge Posts: 4,843 Forumite
    19lottie82 wrote: »
    Ha ha ha, I've never heard anything so ridiculous. Of course they wouldn't!

    Sorry to disappoint you, but it's entirely possible.


    http://www.parliament.uk/business/publications/research/briefing-papers/SN06627/damage-to-property-by-police-forcing-entry

    Whether it would apply in this case is anyone's guess
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