Lodger problem

kinger101

Joanthebone wrote: »

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.

I'm pretty sure she won't as she's already told you to use the deposit in lieu of rent. If you have a written agreement, follow the eviction procedure for late payment of rent. Did you forget to include that bit? In that case, it would be safest to assume the notice is the rental period.

You haven't lost anything yet.

Guest101

Joanthebone wrote: »

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.

You're looking at this wrong.

There is no loss in your agreement. It says she cannot use the security deposit, but to enforce it, you have to go to court. The court will then ask why you wouldnt minimise your loss and save court time by simply using the deposit to pay the rent.

She's already said you can use the deposit, so she isnt expecting it back.

I'm sorry but your legal understanding is very limited in this area.

You are owed £X00

and you are holding £X00

You have no loss, at least at present. I'm not sure how you think agreements are enforced, but it's via the court. Who will not appreciate time being wasted by the tenant paying you £X00 and then you returning her deposit, which is also £X00.

moneyistooshorttomention

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.

Precisely.

She broke the contract first.

A particularly bad lodger of mine back in the day broke the contract (ie by refusing to pay rent as agreed at outset). So - he got told "You have 2 choices" and he tried to take neither. He came back to find his stuff was outside awaiting collection by him. He didn't try to even threaten taking me to court for it. I cant see any court in their right mind trying to force someone to keep having a stranger staying in their own home with them against their will (ie because they'd turned out to be a right wotname - one way or another). I have yet to hear of any court ever doing that.

The deposit obviously has to stay with the landlord/lady until the time the lodger moves out - as its a DAMAGES deposit - and it wont be known until their room is clear whether they have done any damage. Then it can be handed back intact (provided there has been no damage and they don't owe any rent that needs to be claimed from it).

Joanthebone

"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)."


Actually, she is a bit scary, and way bigger than me!! :eek:

moneyistooshorttomention

Hmmm....err...yep....see your point there then.

I'm rather short and small too....and have had another woman literally pulling the "(much) bulkier than thou" thing on me before now (MUCH taller and MUCH wider than me). So combination of her being much bigger than me and from a much "rougher" background than me - and it got me feeling nervous too:cool:. Errrr...yep...and I subsequently developed the suspicion that she was the one who stole something off me too....cant prove it...but it did look likely it was her....

Errrm....guess I'm not being too reassuring at that point then. Apologies...

How did it go this evening? Was all "calm on the western front"?

Joanthebone

A friend popped in to see me tonight, and we had a laugh, so that was nice... tomorrow night I will be alone:(

moneyistooshorttomention

Got another friend who could call in? Belong to something like a book club that might be tempted to a different venue - if suitable refreshments were offered (eg generous supplies of booze)?

I presume you have a lock on your bedroom door? (voice of experience time - having had the security of my bedroom breached by an **** little lodger one time:cool:). Owt valuable (jewellery/important paperwork) suitably secured (be it in your own home or the home of trusted A.N. Other) for the duration?

Joanthebone

There's nobody who can come round tonight Money....


Are you free? :rotfl: :beer:

moneyistooshorttomention

Joanthebone wrote: »

There's nobody who can come round tonight Money....


Are you free? :rotfl: :beer:

I don't mind an offer of suitable refreshments:beer::rotfl:

- but I expect you aren't in a back of beyond part of Wales?

Joanthebone

Oh come on money... its only a 7 or 8 hours in the car... where is your spirit of adventure?!!:rotfl::rotfl:




I don't have a spare room for you at the moment though! :mad: