Lodger problem

HappyMJ

moneyistooshorttomention wrote: »

Accidental damage is still the lodgers responsibility - if they are the one that created it. Its not "fair wear and tear" or an accident the landlord/landlady had. Its happened purely and simply because the lodger was careless - so its down to them.

One of the better lodgers I had couldn't be careful to save her life and was distinctly clumsy. It was not infrequent to find her saying to me "I've broken something else" - but, give her her due, and the next sentence would be "I'll pay for it" and she did and I didn't even have to arrange for it to be done - as she would (even down to when she cracked a windowpane of mine - which she only told me about after the event - ie to say that she had already had someone in putting it right).

JOAN

For tonight - she will doubtless create another "atmosphere". Can you arrange to have a friend or two round for a meal? She would find it difficult to "do an atmosphere" on you if theres a few of you laughing/chatting/listening to music or whatever-else you do on a sociable evening in. Could be a good time for summoning help to deal with a bit of garden clearing or something you have had in mind to do for a while?

I doubt she's the sort of person who would set out to deliberately harm you in any way - but just immature/irresponsible in her attitude to money and you will be doing her a favour helping to "grow up" a bit and put first things first (home before luxuries).

Problem is you can't always prove the accident was down to negligence or carelessness. I've also broken a few window panes in my time. One was from me throwing something towards the window accidentally hitting it and not the bin that I was aiming for not meaning to hit it and it breaking, one was me closing the window and it cracked due to the wooden frame expanding as it became wet from the rain whilst it was open. The next because I was leaning on the window frame and the window broke under me. LL paid for all. All technically my fault.

nidO

HappyMJ wrote: »

Problem is you can't always prove the accident was down to negligence or carelessness. I've also broken a few window panes in my time. One was from me throwing something towards the window accidentally hitting it and not the bin that I was aiming for not meaning to hit it and it breaking, one was me closing the window and it cracked due to the wooden frame expanding as it became wet from the rain whilst it was open. The next because I was leaning on the window frame and the window broke under me. LL paid for all. All technically my fault.

Honestly you have an overly generous landlord then, two of those are most definitely your fault and frankly I feel bad for your landlord that you didn't pay for the damage you caused.

Guest101

I'd just be wary of anyone saying ignore any notice periods on your agreement. It's a contract, just because there's a breach, doesnt make it null and void.

Often posters say lodgers have few rights - which is true. Their statutory rights are few, but by virtue of contract you can grant extra rights.

I would not advise kicking or locking anyone out unless you're absolutely sure you wont end up in court.

Joanthebone

Guest101 wrote: »

I'd just be wary of anyone saying ignore any notice periods on your agreement. It's a contract, just because there's a breach, doesnt make it null and void.

Often posters say lodgers have few rights - which is true. Their statutory rights are few, but by virtue of contract you can grant extra rights.

I would not advise kicking or locking anyone out unless you're absolutely sure you wont end up in court.

In my opinion, refusing to pay her rent and expecting to live here rent-free for a month is breaking a contract, and makes it null and void!


The security deposit is just that, it is not to be used as a months rent.

Guest101

Joanthebone wrote: »

In my opinion, refusing to pay her rent and expecting to live here rent-free for a month is breaking a contract, and makes it null and void!


The security deposit is just that, it is not to be used as a months rent.

Apologies, can you please clarify your legal qualifications?

If a contract is breached, you can of course recover your losses. However, you have no losses, as the deposit covers the rent. If there is additional money owed after the deposit is used up, you can of course go to court.

However, YOU cannot claim a contract is null and void. Breaking a contract, DOES NOT end a contract. My advice was there so that YOU were not defending a claim from the lodger in court.

She's given notice, you hold on to her deposit. You have not suffered any 'loss'.

HappyMJ

Guest101 wrote: »

Apologies, can you please clarify your legal qualifications?

If a contract is breached, you can of course recover your losses. However, you have no losses, as the deposit covers the rent. If there is additional money owed after the deposit is used up, you can of course go to court.

However, YOU cannot claim a contract is null and void. Breaking a contract, DOES NOT end a contract. My advice was there so that YOU were not defending a claim from the lodger in court.

She's given notice, you hold on to her deposit. You have not suffered any 'loss'.

Problem with taking that line is if there are damages the lodger is nowhere to be seen. A LL can only take a lodger to court if they know where the lodger lives and most don't leave forwarding addresses.

I'd give the lodger a weeks notice and refund a proportional amount of the deposit less any damage caused.

Guest101

HappyMJ wrote: »

Problem with taking that line is if there are damages the lodger is nowhere to be seen. A LL can only take a lodger to court if they know where the lodger lives and most don't leave forwarding addresses.

I'd give the lodger a weeks notice and refund a proportional amount of the deposit less any damage caused.

Reasonable background checks can usually make this a non-issue.

Place of employment, next of kin, copy of driving licence / passport, phone number, email.

Now there is plenty of information to track down the lodger.

PasturesNew

You should get the deposit in your hand and do the room check out as she's handing the key back. Ends it soonest that way.

It'll take you just 5 minutes to go through the inventory and check it all. Hand over the deposit, less what's been agreed as you go through the list.
Get her to sign the bottom of the inventory with the sums returned noted.

Over and done with.

kinger101

Joanthebone wrote: »

In my opinion, refusing to pay her rent and expecting to live here rent-free for a month is breaking a contract, and makes it null and void!


The security deposit is just that, it is not to be used as a months rent.

I court, your opinion doesn't count. It sounds like you don't have a written lodging agreement. You really need on of these in future. Preferably with a notice period of less than one month, and which also clearly sets out what happens in the event of late payment of rent.

In the absence of a written lodging agreement, the implied notice period is likely to be interpreted as the rental period. So you probably shouldn't evict before the one month unless their is a more serious breach which would warrant more immediate termination (e.g. threats of violence, illegal behaviour).

If I were you, I'd just tell the lodger your happy to agree to mutual termination of the lodging agreement if she finds somewhere else to live within the notice period. It gives them some incentive to leave early.

Joanthebone

I have lost months rent, and she will expect her deposit back... so I do have a loss, and we do have an agreement, which states that the lodger cannot use the security deposit to pay rent.