Whats the rules on live in landlords and deposits?

djdaface · 2 November 2016 at 9:26PM

I have been renting a room or two out for a while now and generally never have been in a position where i need to keep much deposit

But the latest person to move out, despite us getting along has decided to take the !!!!

its 3 days since his tenancy ended and i have gone into the room despite not having keys back yet

it hasnt been cleaned in over a year
there is still junk everywhere
the curtains are hanging off
the bed and mattress are totally destroyed
the handles are hanging off the door

There are also clothes and boxes and general junk all around the house

its basically just a lot of hassle and a replacement bed more than anything, but its going to be a full weekends work to get all this rubbish cleared up, beds build doors mended stuff taken to the tip and then cleaned to a reasonable standard

I know i can replace the bed but what about all the labour costs and wear and tear that is beyond what you would expect in 18 months

I'd like to keep things amicable but at the same time leaving me with this mess is an absolute disgrace i would like to just change the locks and keep the deposit and just get on with clearing up and have it done in a few days ready to rent again rather than give him any options and drag it out

any thoughts?

ViolaLass · 2 November 2016 at 9:35PM

Have you got any proof of the state of the room before the lodger moved in?

G_M · 2 November 2016 at 9:40PM

djdaface wrote: »

I have been renting a room or two out for a while now and generally never have been in a position where i need to keep much deposit
You live there right?
But the latest person to move out, despite us getting along has decided to take the !!!!
well - this happens from time to time.
its 3 days since his tenancy ended and i have gone into the room despite not having keys back yet
1) this is NOT a tenancy
2) why have you waited 3 days if the contract has ended?
it hasnt been cleaned in over a year
so either
1) clean it or
2) pay a professional cleaner to clean it and deduct the cost (with receipt) from the deposit
there is still junk everywhere
By 'junk' you mean the lodger's possessions?
Box it up. Do you have contact details for the ex lodger? Write/email giving him/her 7 days to collect after which you will dispose of it. If you sell it, the money belongs to the lodger, not you. You could put it in professional storage and deduct the cost (with receipt) from the deposit
the curtains are hanging off
Broken or just hanging? Re-hang them.
If broken, buy new hooks, or curtais and deduct the cost, with receipt, from the deposit, bearing in mind 'betterment' (google it)
the bed and mattress are totally destroyed
As above. But bear in mind 'betterment'. How old are they?
the handles are hanging off the door
Tighten the screws.
If broken, buy ew handles and fix them (deduct cost from deposit)
Or pay an odd job man to fix and deduct blah blah blah

There are also clothes and boxes and general junk all around the house
as above

its basically just a lot of hassle and a replacement bed more than anything, but its going to be a full weekends work to get all this rubbish cleared up, beds build doors mended stuff taken to the tip and then cleaned to a reasonable standard
To some extent this is part and parcel of being a landlord, but you can charge resonable costs for repairs, replacements, contractors prviding a) you have receipts and
b) you allow for 'betterment'.

I know i can replace the bed but what about all the labour costs and wear and tear that is beyond what you would expect in 18 months
as above

I'd like to keep things amicable but at the same time leaving me with this mess is an absolute disgrace i would like to just change the locks and keep the deposit and just get on with clearing up and have it done in a few days ready to rent again rather than give him any options and drag it out

any thoughts?

If the contract has ended you can change the locks.
You can only keep an amount from the deposit that can be justifed (as above)
You can clear up and box up the possessions. You cannot dispose of them without giving the owner reasonable warning, and resonable time to collect.
You can rent again as soon as you like. If this means you have to put the 'junk' into a storage facility, you can charge for this.

More info:

LODGERS (Licencees/Excluded Occupiers)
A lodger (broadly) lives in the same property with a resident landlord & shares facilities. Unlike tenants, lodgers have few rights.

The Housing Act 1988 provides definitions of 'Resident Landlord' & 'same property' (S31 & Schedule 1 (10).

See:

LodgerLandlord (21 tips from solicitor Tessa Shepperson + General information site)

Landlordzone (Various articles on taking in lodgers)

Renting out rooms in your home (Government info)

Rent a Room Scheme (HMRC guide for tax-free income from lodgers)

djdaface · 2 November 2016 at 9:40PM

as in are you saying he moved in when the bed was missing two legs, 9 slats and the metal frame was bent, no door handle and full of rubbish?

surely you just wouldnt move in to that and its common sense it wasnt in an unlivable state

i have pictures of the room empty that was used to let it but i built the furniture new for him to move in so thats not in the picture

G_M · 2 November 2016 at 9:49PM

djdaface wrote: »

as in are you saying he moved in when the bed was missing two legs, 9 slats and the metal frame was bent, no door handle and full of rubbish?

surely you just wouldnt move in to that and its common sense it wasnt in an unlivable state

i have pictures of the room empty that was used to let it but i built the furniture new for him to move in so thats not in the picture

Suppose (worst case) you kept the deposit and the lodger took you to court.

He might say
* the room was filthy when I moved in, so I left it likewise
* the door handles were hanging off when I moved in
* etc

You of course, would produce the inventory you drew up at the start of the contract, signed by the lodger, and supported by photos, showing that the room was clean and the door handles fixed.

the court would find in your favour.

But if you have no evidence......... it is for YOU to justify keeping the deposit, not for the lodger.

ViolaLass · 2 November 2016 at 11:16PM

G_M, would receipts for the new furniture do? On the assumption that one wouldn't buy broken things? Or will only photos be enough?

paddy's_mum · 3 November 2016 at 11:39AM

I'm mystified how you can share a house with someone for a year and not once had a glimpse into the room. Did you never pass by as the door opened nor notice that the hoover didn't move?

theartfullodger · 3 November 2016 at 11:54AM

What does the lodger agreement say on two matters...

a) How the arrangement continues after the end of the initial term &
b) What the notice terms are
- please...

Without knowing these, can't advise you (obs!)

G_M · 3 November 2016 at 12:00PM

ViolaLass wrote: »

G_M, would receipts for the new furniture do? On the assumption that one wouldn't buy broken things? Or will only photos be enough?

Yes.

Any evidence can be produced to convince initially the lodge and ultimately a court that a deposit deduction is justified.

An inventory is the typical paperperwork, but as you say
* a receipt for a new bed dated shortly before the contract started
* a contractor's invoice/ receipt for work done (eg new paintwork)
etc

would all be considered relevant evidence.

As a last resort, a witness statement (eg "I saw the room on xx/xx/2016 and it was immaculate...."), ideally by someone independant, could be used in court.