Lodger deposit dilemma - what counts as damage? Chalk up to experience?

blueskyrooftop

Hi all,

I've had rather a trying experience with a lodger over the last couple of months. (Google "Askmetafilter lodger drunkenness unsupervised kids" if you want to read all about it!)

Long story short: whilst superficially a 'nice' person, I suspect he has an unaddressed drinking problem which makes him unreliable (locking himself out, losing his keys, borrowing my spare keys without telling me, leaving the front door open and on one occasion trying to get into the neighbour's house in the middle of the night because he got confused).

After the events detailed on the AskMetafilter site, I gave him notice to move out by 17th September (four weeks, as per our contract). A couple of weeks went by and I could see little movement on this. I was feeling very uncomfortable in the house with him, even though he was doing his best to be invisible, and was worried about the possibility of him overstaying, so contacted him on Tuesday of this week (6th) to ask if there was any way he would be able to move out sooner, though stressing that he was entitled to stay up until the deadline of 17th.

Wonderfully, he moved out yesterday and is going to stay on a friend's sofa until he finds a new place. I am thrilled with this. :j I had offered to refund any unused rental days pro rata and have done so this morning.

Not so thrilling, and the reason for my question: the room has been left with stains on the carpet (grease and coffee), holes in the walls, a bunch of crap including :eek: used tissue under the bed and with a dirty ensuite bathroom. I understand fair wear and tear and was just going to suck up any issues and return his deposit in full just to be rid of the situation, but as I started tidying up the room this morning I got more and more annoyed, especially as he's never apologised for his behaviour and it's a massive pain in the !!!! for me to have to find a new lodger.

Last night about 8pm he sent a text: "I don't have poly filla on me. Im happy to fill holes / paint on Friday but would need to keep the keys (but can you consider me to have moved out today?) Or would you rather I just left the keys now?" I told him just to leave the keys, which perhaps was a mistake, as on returning home discovered that his attempts to remove the screws and rawl plugs from plasterboard walls had caused two fairly large ragged holes, plus there were a bunch of other picture hooks that he hadn't even attempted.

What to do? Suck it up? Get him back on Friday, as he needs to pick up a bunch of random small items anyway? Fix and charge him via his deposit?

Thanks in advance!


Issues: Grease mark from keyboard stand / plasticky stain / coffee stains; ragged holes where rawl plugs removed from plaster walls; rubbish and dirty tissues under the bed; dirty, hairy toilet; bits of Dorito(!) in the shower mat.


From the contract:
* Not to cause any damage to the premises, fixtures, furniture or effects and not to remove any of them from the premises. To make good or pay for any damage to the premises or to fixtures, furniture and effects or to the common parts caused by the Lodger or any invited visitors to the premises, fair wear and tear excepted, and to pay to the Landlord any reasonable and proper costs incurred by the Landlord in carrying out any works in default.
* To leave the premises in the same clean state and condition as it was in the beginning of the agreement Note of the condition of the premises and an inventory are attached to this agreement, and the premises, fixtures, furniture and effects must be left in at least as good repair and condition at the end of the tenancy (fair wear and tear excepted).
* To give the Landlord vacant possession and return the keys of the premises at the expiry or sooner termination of the lodgings arrangement and to remove all personal furniture, possessions and rubbish. The Landlord accepts no responsibility for anything left behind at the premises by the Lodger at the end of the tenancy

* The Landlord will be entitled at the end of the occupancy agreement to deduct from the deposit any sums due by the Lodger to cover the cost of repairing or replacing any broken, damaged or lost items and the expense of making good any failure by the Lodger to fulfil any other conditions of the occupancy agreement. The deposit or remainder of the deposit will be refunded to the Lodger within 14 days, or as soon as possible after the termination of the occupancy agreement. A list of deductions from the deposit will be attached where deductions have been made, notwithstanding fair wear and tear. Where deductions have been made from the deposit copies of receipts for any money deducted will be sent to the Lodger.

blueskyrooftop

I have documented the issues with photographs, in case you're wondering. And the contract included a countersigned inventory of the state of the room.

Blackbeard_of_Perranporth

Here's the full ish!

http://ask.metafilter.com/299495/Lodger-drunkenness-unsupervised-kids-mess-ok-to-want-him-gone

BoP's advice.

Call the locksmith.

moneyistooshorttomention

You're even asking......

The holes in walls and stains are quite definitely chargeable.

I guess you might have to suck up the general dirtiness.

I guess the question to ask yourself is "If I (or other responsible person) had lived in that room for that length of time doing as little housework as possible - but, in other ways, being responsible - then what would it be like?"

There's your answer:

- dirt = maybe let him get away with it
- damage to room and possessions in it = charge him for it

Pixie5740

Hell no don't let him back in to try and put things right. He had 4 weeks notice and did nothing. Who knows if he'd even do a good job. I also think that changing the barrels of the locks would be a good idea.

blueskyrooftop

Thanks so far for your comments. I have bought a new rim cylinder for the front door and plan to change the locks today!

Are there any guidelines to follow when charging for damage? Standard amounts, etc? If anyone could point me in the direction of these I'd appreciate it.

Could I charge him for professional carpet cleaning, for example?

Blackbeard_of_Perranporth

Treat it as lesson learned. You could chase him for the carpet cleaning, but is it worth it?

Glad you have got new locks. Now out the bags on the doorstep.

AnnieO1234

Hang on, you gave him notice till the middle of this month and hustled him out early. For all you know (and you will her prove otherwise) he may have arranged for a cleaner and decorator (who knows maybe a friend or family member) to sort it the last day of his notice.

Okay, yes he's a lodger but to be honest I think you've been a little unfair here. Going forward I would charge weekly rent and allow for one period (ie one week) notice to get rid of the lodger.

I'm not sure how kosher this would be but perhaps you could include an immediate eviction clause in the event of serious breach. Kind of like gross misconduct. Xxx

G_M

Well done for changing the locks. Do not let him back to do bodged repairs.

(keep your original lock - you can use it next time you change lodgers or swop with a friend when they move...)

* Get a quote from a professonal cleaner for cleaning the room and ensuite.
* get a quote from a contractor (local odd job man?) for repairing the bits of damage

Deduct from deposit.

Take photos first just in case there's a dispute.

blueskyrooftop

To clarify, he moved out yesterday, however he has left a few random bits and pieces behind. He is picking those up at 10am tomorrow.

Also, I didn't force him to move out. I enquired whether he would be able to move out sooner than the notice date (due to feeling unsafe and uncomfortable with him in the house, not that I told him that), whilst emphasising that he was entitled to stay until 17th September. I offered to pay any unused rent days back pro rata so he wouldn't be out of pocket - and I have done so this morning. He was the one who decided to move out immediately and sleep on a friend's sofa so that he could save cash. He has certainly not employed any cleaner or decorator to sort out the room, just offered to come back (and continue to bodge it) tomorrow.

I have changed the locks. I have also arranged to have the carpets cleaned professionally tomorrow morning at 8am and have told him that I will be fixing the walls myself.

teddysmum

blueskyrooftop wrote: »

To clarify, he moved out yesterday, however he has left a few random bits and pieces behind. He is picking those up at 10am tomorrow.

Also, I didn't force him to move out. I enquired whether he would be able to move out sooner than the notice date (due to feeling unsafe and uncomfortable with him in the house, not that I told him that), whilst emphasising that he was entitled to stay until 17th September. I offered to pay any unused rent days back pro rata so he wouldn't be out of pocket - and I have done so this morning. He was the one who decided to move out immediately and sleep on a friend's sofa so that he could save cash. He has certainly not employed any cleaner or decorator to sort out the room, just offered to come back (and continue to bodge it) tomorrow.

I have changed the locks. I have also arranged to have the carpets cleaned professionally tomorrow morning at 8am and have told him that I will be fixing the walls myself.

You could have hired a RugDoctor and used it to clean all your carpets. They are, used with their own brand chemicals, very effective and many small scale 'professionals' use them anyway.