Lodger withholding rent

peachgirl

Hi everyone, this is my first time posting. I've been doing internet searches for over an hour but I've found very little information on this subject and I'd like to hear from anyone who can clarify my position in the situation for me!

I'm a live-in landlord, renting out my second bedroom. My lodger is classified as an excluded occupier, which somewhat affects his rights when it comes to things like deposit protection and the eviction process; however I'm trying to be very fair with this whole process. I served notice on him on the 1st of this month, giving him the full month to leave by the 31st. Due to his behaviour when I served the notice I have moved out for the notice period (I don't want to go into it - he wasn't actually violent but I was very frightened and so have temporarily moved in with my parents, who luckily live nearby. The police are aware). I should add now that we don't have a written agreement.

The rent is due on the 1st of the month and he has so far delayed paying me for July by 1)saying he wants to know what deductions I'll be taking out of his deposit and 2)disputing the two things I have let him know that I'm billing him for (which are fair because he caused the damage on both counts). I'll be providing him with a receipt for the cost-deductions, of course. He's still insisting that he wants to know the final amount of deductions which of course I can only give him once he's moved out and I've fully inspected the room, and he appears to be withholding the rent until I give him that elusive final amount.

In addition, he's going away this weekend and so I won't be able to meet him to discuss all of this. I texted him earlier to tell him that rent must be paid by tomorrow at the latest. My question is, if he doesn't pay the rent by this weekend what are my rights/what can I do? Isn't withholding rent in this manner illegal? (All the info I could find only said it's allowed if e.g. repairs haven't been done, there's mould, etc. None of that applies to this situation as my home is very clean and everything is pristine as I live there and I take care of it!)

My current thought is to have the locks changed on Sunday and arrange a time for him to collect his things, possibly with a PCSO present. Obviously I didn't want it to come to this but he's clearly intent on making this difficult and I just want to bring this horrible situation to a conclusion. After months of his behaviour I'm at the end of my tether. Can anyone help?

RAS

You need to move back in as granting him exclusive use of the property could make him a tenant and gives him additional protection.

And he cannot trade deposit against rent.

Kynthia

If you fear your lodger with good cause to the extent that you've moved out temporarily and they haven't paid their rent then I would change the locks when they are away. You have to comply with the terms in your contract, or if you don't have a contract you have to be reasonable. So I would consider the above reasonable in the circumstances. If you do have a contract and the above action would breach it then have evidence of why in case you are sued.

G_M

You are so afraid that you've moved out? Yet you gave the lodger 1 months notice?

?????

Move back in (preferably have a friend round for support) and give lodger 24 hours. Stay in the property with friend (to protect it) and then evict & change the locks.

Warn police in advance that you have been threatened. Tell them what you are doing, and that you fear a potential breach of the peace when the eviction happens.

Any problems, call 999.

nb - the legal definition of assault is "an assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence."

Actual violence is not required.

peachgirl

Thank you for the quick replies!

RAS, I was worried about that but in all our recent contact (I have records of it) I've made it clear that my moving out is temporary and due to his intimidating behaviour. Hopefully that's enough if this turns legal. I don't know what else I can do because I definitely can't live with him.

I did state that we don't have a contract, but I know my OP was lengthy and so that info could have been missed. I didn't want to give them such a long notice period (I wanted to give them a week!) but fear of the law and being sued meant that I tried to stick to what is "reasonable" - as they pay monthly, most online info suggested a month's notice. The police are aware of the situation and I've been keeping a diary as well as taking photos of the two notes I left, and the note I received in return.

I'm just really desperate for confirmation that legally I'm doing everything correctly and he won't able to sue me if I follow all the right procedures. I'm so exhausted by all of this. I'm NEVER doing this without an iron-clad contract again.

RAS

Hi -assume you are in England?

You are actually safer without a contract.

If your contract said one month's notice, you would probably have to give it or risk being sued. He might well not win but it would still be a hassle.

As you are it is "reasonable" notice. If you just wanted to sell up, one month is reasonable. If you find him intimidating, 24 hours is ample. And it has certainly been sufficient for a number of people on here.

Surprisingly a lot go quietly once they realise the game is up.

Annie1960

He is a lodger, and does not have the same rights that a tenant would have.
In fact, as a lodger, his rights are virtually nil.

I'm shocked that you are in fear of violence, yet you have not evicted him yet. As soon as he leaves for the weekend, you should return home. Give him enough time to get to wherever he is going, then text him to tell him he will need to collect his things on Sunday. You were sensible in getting the police involved, and if they will attend on Sunday to ensure no breach of the peace occurs when he collects his things, so much the better.

In order to minimise the problem from your point of view, as soon as you return home you can inspect the property and decide how much of his deposit he is due to receive. Let him know this in advance when you text him - in your position I would not want to be mentioning this for the first time on Sunday.

Giving him advance notice on Friday evening/Saturday morning will also give him some time to find somewhere else to stay on Sunday night.

Then change the barrels in the locks on Sunday evening, so have the new ones ready.

I'm leaving aside the issue of the damage you say he caused, as landlords and tenants often have different views of what is damage and what is fair wear and tear. In your situation your major concern should be your personal safety, and the quicker you act, the sooner you will feel safe.

princeofpounds

Like all the others, you have given him way too much leeway!

Even if you have a minimum notice period contractually agreed, it is likely better to breach your contract than leave a disgruntled lodger in control and with occupation that could turn exclusive as soon as he changes the lock.

At worst you get sued for a month's rent and a couple of nights in a B&B, and that would be difficult to achieve if violence was threatened. Plus no CCJ stays on file if paid promptly.

Less expensive than them barricading themselves in or trashing the place.

It's not like an eviction of a tenant which can be criminally sensitive.

peachgirl

Yes RAS I'm in England, thanks again for your input and advice.

Annie, that's some great advice, thank you very much!

The sad thing is that he's from a 'good' background with rich family and I'm worried about them getting legal advice and creating a strong case against me for whatever reason they can. As I don't have any actual evidence of his behaviour apart from he-said-she-said (or any money that I can afford to pay out), I'm reluctant to take more extreme measures, but believe me I'd love to do so.

Unfortunately he seems determined on dragging this out. He's insisting that as I brought the deposit issues up with him on the 1st and not two months ago when I received the invoice (which I put to one side and promptly forgot about because I was extremely busy with work), we should "meet halfway" on my deposit deduction - £60 to remove a waste disposal, which he broke! Does anyone tell their lodger/tenant immediately "that's coming out of your deposit" when they receive a bill for repairs?

He called me tonight, repeated himself three times about the deposit thing (why he thinks I'm paying for something he broke, I have no idea), and spent almost 10 entire minutes talking before I could get a word in. He does this repeating/badgering/'just admit you were wrong' sort of behaviour quite a lot.

I finally told him that I would accept half of this month's rent on the provision that he either leaves by the 15th, or pays me the other half by that same date. Anything to get him to stop talking and leave me alone, frankly.

kinger101

Is it worth arguing over £60 or half a months rent. Your notice only needs to be "reasonable". As he's acted in a threatening manner, I'd say this is a few days at most. Make sure his notice is served in writing, and you cite threatening behaviour.

booksurr

you will have to make a choice

on one hand you have given him (written) notice to leave in 1 months time on 31 July and have now moved out yourself for 1 month

on the other hand you have kept a diary which shows you feel intimidated in your own home and therefore have grounds for rescinding that notice and asking him to leave by Sunday since that is perfectly legal "reasonable" notice in the context you describe

no one can tell you what his reaction will be, but if it were me I would be following Annie's advice and taking control of my home by Sunday. Can your parents be with you to provide support ?