evicting lodgers

shuffmuff

hi, i have a couple who have caused issues with threatening behaviour to other tenants, last night they had a fight and blood was everywhere, again more threatening behaviour, i have told them to leave and police have escorted them off, but,
they are demanding there rent back and any deposit, i have agreed to pay this bnack once i have money or i can rent the room as i dont have any cash.
do i have to give them anything or shall i pay them this minus any damages?, they have no agreement in place as for some reason i never gave them one, but other tenants do so i wold assume they would be able to convince a cout they should have these right anyway.
i dont mind paying them to settle the issue but i cant until i rent the room out
can i have some guidance pls?, thanks

Pixie5740

Well are they tenants or lodgers?

What did you do with the deposit? Deposits aren't really your money to spend unless you are using the money to repair damage caused by a lodger.

How frequently is the rent paid paid? Weekly? Monthly? I don't think that they're due back any rent as it's their own fault they had to leave but for a quiet life and because they sound awful I'd consider paying back pro-rata rent. As for the deposit, assess any damage they've caused and return the deposit minus the cost of repairing the damage.

Yorkie1

What is the living arrangement? Do you live in the same, self-contained property as the lodgers/tenants you mention?

What sort of paperwork did you sign with them (this doesn't determine their status but is useful info)?

ACG

You will have to refund them any rent they are due. If they have paid until the end of January then you would need to refund a months worth of rent.

With regards to the deposit, then yes again you will need to refund that minus any money for repairs.

Why have you spent THEIR deposit money? Its not your money to spend.

shuffmuff

i have the deposit but i cant work anything out unitl they have moved all there stuff out then i can make a proper judgement on damage, deposit are £100, the issue is they want there rent back before they move out but i am wondering how long do i have to pay this back?, they are lodgers as i live in the house to, i am a live in land lord

shuffmuff

i am of the opinion that i can press charges for her threatening behavious, telling tenants she will stab them and kicks heads in etc, i kow that even just that i an offence, but i dont want to press charge, everyone just wants her gone, but with the rent its a stikcing point at the moment, and i want to knw where i stand legally as i have had them escorted of the premises by police for the other tenants protection.

ACG

For every day she stays she gets a little bit less rent. You might have to borrow the money as she could argue she needs that money for rent on a new place.
The deposit is slightly different, but you could tell her once she is out and you can inspect the room you will refund her deposit minus any charges you need to make within 24 hours?

Jnelhams

Two Choices.

1) Just pay the wretched woman her money the money she has now and tell her you won't press charges if she goes now, and put it down to experience.

2) Press charges.

Option 1 is going to be the quickest all-round, next time take references and have a signed agreement in place.

The quicker you have this mess solved, the quicker everyone moves on.

Pixie5740

Why are this couple still in your home?! Evict them, change the locks and then once they're out then refund any rent and deposit minus damages.

Press charges. Their behaviour is unacceptable.

shuffmuff

they are evicted, i ad the police remove them, there stuff is still in the room and they coming back tomorrow to collect it, i told police that i would give them whatever i have but they will have to wait untl i get money or rent room out for the rest of the rent, its first week after xmas and typically am skint, but i have couple of peple looking at room tomorrow so i can pay them out of that

G_M

The fact that you don't have the money is your fault, not theirs! Christmas is no excuse for spending other people's money.

Having said that, don't return the deposit till after they have fully vacated, you have assessed any damage, and obtained quotes for repairs. Then and only then can you decide how much it is fair to deduct/return.

Don't let them back in the property. Pack up their stuff and leave it (protected so it is not stolen) on the doorstep at the agreed time. They can collect it from there. Have a friend at the property.

If you fear another disturbance, notify the police in advance (NOT 999!) and say you fear a further Breach of the Peace when they collect their stuff.

Send them a cheque (or do a bank transfer) for any deposit outstanding after fair deduction.

Personally I would refund the rent pro rata, but arguably they brought this on themselves.