Urgent advice needed re: lodger

djdust

Evening all, need some advice.

Just over 2 months ago, I took in a temporary lodger who needed somewhere to stay before going to Uni in the Autumn - the son of a really old friend. We agreed £350 a month for rent. In the first month, he only paid £250 and promised the other £100 shortly after. I'm a stupid soft touch and didn't pursue the matter too much and let it slide and just took his assurance that he'd pay it along with the full second months rent. I pressed the matter with him last week when the second months rent became due and we started on his third month. The alarm bells rang in my head when he told me he'd "try" and get the cash to me once he'd sold his bed and guitar amp on Ebay!? I pressed him and he got really evasive and told me there and then that he was moving out the next day and he did indeed move out back to his mums the following day (with just one days notice). He currently therefore owes me £450. I'd believed his assurances that I'd get all the amount owing a week ago and have been budgeting accordingly. I explained to him that I was now broke and reliant on this cash - I literally have no money at the moment, I had to gouge into my overdraft last week to pay the mortgage and my bank balance is now only back to zero because I got my weekly pay as a temp last Friday. We're in July now and more bills are coming soon. He told me not to worry and he setup a bank transfer from his Halifax account last Thursday in front of me on his mobile app for the full amount and showed me it on his phone, but it's been 4 days now and the payment is still stuck as "pending" according to him.

I've chased him every day for the last few days and I think the poor little mite is getting irritated with it. His attitude, to be blunt, stinks. He couldn't care less. At the weekend, while he was clearing out most of his belongings, I told him the payment still hadn't arrived yet and he shrugged his shoulders and asked me what I expected him to do about it. I asked him to call Halifax and investigate what the delay is but he just fobbed me off and did the same again tonight when I pressed him over Facebook - says he's "too busy" and will "try" to call them tomorrow. They have a 24/7 call centre with a freefone number, there's been nothing stopping him doing it for days. Of course, because I'm being persistent, he's started getting lippy with me, telling me "not to guilt trip him" or it'll make him "less inclined to want to help" and trying to fudge the issue and starting to imply that I was overcharging him on the rent anyway.

I've had trouble with lodgers before, I seem to be a magnet for losers. Here's my question. He said he's coming back today (Tuesday) to collect the rest of his stuff. This includes his 42" telly, his PS4, a Marshall amp and his electric guitar (his pride and joy). He still has a key to the house even though he doesn't officially live here anymore. Should I be playing hardball, changing the locks (would take me 2 mins, I already have the means to do it) and refusing to let him have his stuff until he's paid his debt? I cannot rid myself of the feeling that he knows damned well this bank transfer of £450 is never going to come through (probably because he doesn't have it) and he's just planning to keep fobbing me off until I give up. Once he's cleared the rest of his stuff, my leverage is gone....

Thoughts welcome.

cashbackproblems

he's the son of an old friend…can't u tell his mom?? Best not to take family friends as lodgers and certainly not students what did u expect?

But yes change the locks and hold his items till he pays…it sounds like the goods are worth 1/2k so he will pay

djdust

cashbackproblems wrote: »

he's the son of an old friend…can't u tell his mom??

I could do that but don't want to just yet as there's probably nothing she'll be able to do (I don't think he respects her much anyway) - plus I don't want to feel like I'm telling tales on him, I wouldn't be doing it if it was any other lodger...

booksurr

djdust wrote: »

and refusing to let him have his stuff until he's paid his debt?

you have no legal right to hold his stuff to ransom for unpaid rent

A landlord cannot by law withhold another’s personal belongings in lieu of any monies owed. A ‘Tort’ is a civil wrong rather than a Criminal one and the way is clear in the event of a breach for a tenant to take action, including claims for substantial damages against the offender.

http://www.landlordlawblog.co.uk/2010/04/27/landlord-rights-over-tenants-possessions/

the bank transfer would have been by faster payments if he had the funds in his account to enable it so would have gone through there and then.

The fact you have not received the money means his account did not have it and the bank won't process it presumably because he does not have a big enough overdraft to take such a hit. The fact you are broke is irrelevant. The fact he is broke is your problem because it means you won't be getting your money any time soon.

Sparky111

The best advice here is write off the money owed in your head, you are very unlikely to ever see a penny so you need to plan your finances accordingly.

When I used to rent rooms in houses I found the adverts on a national website for spare rooms. I had to pay a deposit and the first months rent up front, have an interview/meeting with my live in landlord and show ID and payslips. If you are in a financial pickle and prepared to rent a room out again I would suggest going down this route, also print off a tenancy agreement from the internet.

I would also demand immediate removal of his things, that way you can begin to plan for the future straight away.

anselld

djdust wrote: »

I could do that but don't want to just yet as there's probably nothing she'll be able to do (I don't think he respects her much anyway) - plus I don't want to feel like I'm telling tales on him, I wouldn't be doing it if it was any other lodger...

Do it!

Most youngsters renting would need a Guarantor, usually a parent. This is exactly the situation you would contact them.

"Lost in transit" is the oldest excuse in the book. He just doesn't have the money so you need to get it from the Mum.

ThePants999

Booksurr is, of course, correct. That said, you obviously need to arrange a mutually agreeable time for him to collect his belongings, and unfortunately you're "too busy". You'll "try" to call him tomorrow. If he pushes, then he shouldn't "guilt trip you" or it'll make you "less inclined to want to help". After all, you've got to be out of the house working extra hours to make up what he owes you. Naturally, if he pays up, this will all become much simpler...

Like booksurr says, it's not exactly above board, but like he's going to get the law involved!

dancingfairy

Unfortunately I think if you start holding his goods it could turn nasty ( I can see why you'd want to though).
He could go to the police and claim you've stolen his goods. I can see it getting messy to be honest.
I think you need to be prepared to accept you've probably lost the money. You could take him to court and go for a ccj but that would cost you money and then you've got to enforce it ( which involves more money- possibly to get bailiffs etc).
You could try a letter before action and see if the threat of court is enough to make him pay up.
Df

sgun

It really was a shame when the key snapped in the lock and you had to change it. Of course, you told him straight away that this had happened and offered to let him have a new key in order to collect his belongings if you weren't in. You told him this in writing, an email would do. Unfortunately you haven't been in a lot since for him to collect the key as you are working extra shifts.
You are sure that at some point you will be able to negotiate a mutually convenient time for him to either collect a key or collect his belongings, again you let him know this in writing.


Yes its childish but you can't keep his stuff and you won't see your money.


I'm not sure why you won't mention it to his mum, otherwise he goes through life never taking any responsibility for anything. Even though he appears not to care a parents disapproval does hit home. It sounds like no-one has ever taken to him to task over anything so maybe its a good time to start.

Cakeguts

Just take him to the small claims court. Photograph his items in your room in your house and then take him to the small claims court for the rent. Tell his mum that this is what you are going to do. His mum should really be trying to help you out with this. She had several months of him not living with her.

Crashy_Time

ThePants999 wrote: »

Booksurr is, of course, correct. That said, you obviously need to arrange a mutually agreeable time for him to collect his belongings, and unfortunately you're "too busy". You'll "try" to call him tomorrow. If he pushes, then he shouldn't "guilt trip you" or it'll make you "less inclined to want to help". After all, you've got to be out of the house working extra hours to make up what he owes you. Naturally, if he pays up, this will all become much simpler...

Like booksurr says, it's not exactly above board, but like he's going to get the law involved!

If he can prove ownership of the guitars and other stuff, and the OP can`t prove that he lived there the OP is basically holding someone`s stuff illegally? I would take the stuff to his mum`s, tell her how much he owes and leave it at that. Another option is just to keep his stuff and sell it, have done this in a flat before when someone stole something from one of the established residents, we cleared the room of items of about the same value and made sure a big Irish bruiser of a flatmate just happened to be pottering about in the kitchen when they guy came round to get his stuff (landlady had kicked him out for non-payment by this time) The guy knew he had got what he deserved and didn`t hang around to argue when the big guy politely told him that he hadn`t seen the lost items.