Lodger withholding rent

gazter

peachgirl wrote: »

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?

He would be out the following day he threatened me. He has no rights. Chick his stuff out in the kerb, make the deductions and give him the difference when he knocks on the door.

lee111s

If you're unhappy, give him 24 hours notice and change the locks when he leaves.

I had a lodger who last month vanished on rent day. I gave him 24 hours to pay the rent after which the locks were changed.

The fact you have no "contract" (lodger agreements aren'r really worth much anyway) means you can do what you want. It's your house and he has no real rights. I doubt any solicitor or lawyer would take on such a case to be honest.

Do what's right for you and get him out ASAP!

booksurr

gazter wrote: »

Chick his stuff out in the kerb,

that would be foolish since the LL has a duty to take care of possessions until collected or the due process is followed in respect of "abandoned" property and selling it

verulamium

Your priority should be getting back your home and evicting him, not the rent/deposit. Is the rent more important than losing control of your own home?

kinger101

You could also seek advice from CAB and Shelter, as you've effectively been put in a position where you feel excluded from your own home.

Annie1960

I'm not sure if you can charge him the whole £60 for replacing the waste disposal. Would this be betterment?

I'm sure someone who knows more about this will be along soon to explain.