Lodger's room stinks of smoke and left it in a mess

Benzanna

I'd really appreciate some help please,
My current lodger has only lasted a month. He was so disrespectful and noisy at 2am/3am etc that when I asked him to try to be quiet at those times he said he'd leave.

I gave him an agreement to sign when he moved in - he took it but never gave it back. I have signed it, but he hasn't. Apparently that doesn't matter though - the fact is I've given him the agreement.

He was supposed to give 1 months notice, but he's only given me 2 weeks.

He has made a right mess in the process of moving out. He's put rotten food in the bin and it stinks - he filled it right to the top and didn't take the bin out, and now the whole kitchen stinks and there's a rotten goo at the bottom of the bin which has poured all over the floor when I took the bin bag out.

The main issue is the bedroom. My advert on spareroom said the lodger must be a non smoker. His profile said he was a non smoker.
I have seen him smoking at work (we work at the same building) and he said he was going to quit 2 days after he moved in for medical reasons - so I believed him.

The room stinks of cigarettes - really badly. The mattress, curtains, rug and carpet all stink. I've also seen him smoking regularly at work so I know he didn't quit.

I don't know if he smoked in the room, but he stinks of smoke whenever he walks by, so as his room was such a mess with all his clothes littering the floor I think the smell has just transferred itself.

Can I take money from his deposit for cleaning, and how should I go about this?

Can I buy/hire a steam cleaner and carpet cleaner and do it myself? or do I have to pay for cleaners?

The carpet is covered in little bits of black stuff which is hard to get off and there's crisps and crumbs everywhere.

The agreement said he needed to leave the room as he found it (which was immaculately clean btw!)

He also stayed a day later than he should have, but I didn't say anything as he's quite intimidating. I mentioned it to him yesterday and he told me he used to be a lawyer and because I didn't mention it straightaway I can't do anything about it.

So am I also ok to take out a days rent from the deposit or is that being picky?

He has been a total nightmare to live with and been very disrespectful.

I'd really appreciate any advice. Thanks.

G_M

Get a cleaning company out and get a written quote to clean his room.
(and the bathroom if relevant?). Deduct that amount from his deposit.

Whether you then use the company, or DIY the cleaning, is up to you.

He also stayed a day later than he should have

Assuming you are right, then yes, add a day's rent to the cost. When you tell him he owes the extra rent is irrelevant, what matters is whether he owes it or not:

* Did you serve notice on him? On what date served, to expire on what date?
* Or did he serve notice on you? On what date served, to expire on what date?
* whatt notice was required, either written in the contract, or verbally agreed at the start?

LEJC

Do you hold enough deposit to enable you to clean and return the areas he was responsible for to how they were when he moved in?

Document the "work" required an send those details to him

was there an inventory when he moved in....

Photos before you start the clean up may also be a good way to go forward for your own records if required later.

Benzanna

G_M wrote: »

* Did you serve notice on him? On what date served, to expire on what date?
* Or did he serve notice on you? On what date served, to expire on what date?
* whatt notice was required, either written in the contract, or verbally agreed at the start?

Thanks
He served noticed to me - after I asked him to try and be quiet. It works out at 2 weeks notice. The agreement I gave him stipulates 1 month's notice. It was given via a text message (agreement says it can be written or via email)

I haven't raised the notice period as an issue. He is quite overbearing - he's talked a lot about how he's been in the navy, and a pilot (plus a few other professions) and now most recently, a lawyer!

Benzanna

LEJC wrote: »

was there an inventory when he moved in....

Photos before you start the clean up may also be a good way to go forward for your own records if required later.

I have a £400 deposit.

Rent was £600 a month.

I have photos from before but sadly not detailed photos of the carpet. The main issue is the smell which is obviously impossible to document. It's already been mentioned by a new person viewing the room yesterday.
I did a very basic inventory of the items in the room, but not of the condition sadly.

aneary

Well he only gave 2 week's noticed instead of a month so before you get into the cleaning costs that's £300....

Comms69

PollyErrington wrote: »

I'd really appreciate some help please,
My current lodger has only lasted a month. He was so disrespectful and noisy at 2am/3am etc that when I asked him to try to be quiet at those times he said he'd leave.

I gave him an agreement to sign when he moved in - he took it but never gave it back. I have signed it, but he hasn't. Apparently that doesn't matter though - the fact is I've given him the agreement. - Uhm it does matter, quite a lot. Why did you let him move in without signing?

He was supposed to give 1 months notice, but he's only given me 2 weeks. - Well without a signed agreement, it's a case of he said / she said. Lucky to get any notice frankly.

He has made a right mess in the process of moving out. He's put rotten food in the bin and it stinks - tough - he filled it right to the top and didn't take the bin out - get over it , and now the whole kitchen stinks - why didn't you take it out? and there's a rotten goo at the bottom of the bin which has poured all over the floor when I took the bin bag out. - so clean it up?

The main issue is the bedroom. My advert on spareroom said the lodger must be a non smoker. His profile said he was a non smoker.
I have seen him smoking at work (we work at the same building) and he said he was going to quit 2 days after he moved in for medical reasons - so I believed him. - and?

The room stinks of cigarettes - really badly. - so air it out and quick clean. The mattress, curtains, rug and carpet all stink. I've also seen him smoking regularly at work so I know he didn't quit. - If he smoked in the room, then you can get a cleaner in and charge a reasonable amount (or do it yourself), but if it's just the smell of smoke, from clothes for example, I'd not chance taking action.

I don't know if he smoked in the room - well that's quite crucial! , but he stinks of smoke whenever he walks by, so as his room was such a mess with all his clothes littering the floor I think the smell has just transferred itself. - in that case tough, move on.

Can I take money from his deposit for cleaning, and how should I go about this? - You can, but he could decide to take legal action against you. In the circumstances you describe, I think he would win.

Can I buy/hire a steam cleaner and carpet cleaner and do it myself? or do I have to pay for cleaners? - you can do whatever you like.

The carpet is covered in little bits of black stuff which is hard to get off and there's crisps and crumbs everywhere.

The agreement said he needed to leave the room as he found it (which was immaculately clean btw!) - can you prove it?

He also stayed a day later than he should have, but I didn't say anything as he's quite intimidating. - oh please. I mentioned it to him yesterday and he told me he used to be a lawyer - check? Law society will have a record and because I didn't mention it straightaway I can't do anything about it.

So am I also ok to take out a days rent from the deposit or is that being picky?

He has been a total nightmare to live with and been very disrespectful.

I'd really appreciate any advice. Thanks.

I'd suggest that in this case, aside from a small charge for cleaning - £40? for half a day on one room. - you aren't going to be able to claim much else.


Rent for a day is what £10-15?


I'd move on, as you work in the same building.

Comms69

aneary wrote: »

Well he only gave 2 week's noticed instead of a month so before you get into the cleaning costs that's £300....

Except he didn't sign it. So it's not relevant.

aneary

Comms69 wrote: »

Except he didn't sign it. So it's not relevant.

If there is no written agreement, and outside of any set period, or the Agreement doesn't state a notice period, notice is implied based on how frequently rent is paid - therefore usually a calendar month or a week.

G_M

As aneary says, he owes you 2 weeks rent. I don't know why you said he only owes 1 day???

Get a written quote for work.

Calculate the daily rent rate and the exact number of days involved (14? 13? 15?) based on the date the notice was served and the date rent has been pad till.

Put it all in a letter to him (enclose copy of the quote) and then either

* enclose a cheque for any deposit you hold above the amount you are deducting, or
* request payment of any amount beyond the deposit you hold, which he owes

Has he actually left? Have you an address for him? Post the letter.

Pity you don't have the signed contract. He may claim it never existed and that you had verbally agreed 1 week's notice, though where no written notice is agreed it is common to use the rent payment period (weekly, monthly, whatever).

Next time:

* take a deposit = to the rent payment period (eg if rent is paid monthly, then deposit = 1 month's rent. If weekly, then etc etc)

* sit down with applicant, produce two contracts, give him time to read, then you both sign both copies and keep one each.

This, of course, is only after you have credit checked and taken references etc.

moneyistooshorttomention

..and precisely what is the nature of the job he is doing now in the same building as you? I'd be willing to bet it's a fairly low-level job - and not some professional career:cool:

Apparently he's been a pilot and a lawyer and a few other professions - yeh...right...and I'm a monkey's uncle (aunt in my case - being female).

I very much doubt he ever worked in law (c'mon - for a start-off he'd have been able to afford to rent a house and not be a lodger). He's just a fantasist by the sound of it.

I would be very surprised if he took any action against you if you deal with this episode appropriately. That being to follow GM's advice and take the money he owes you from his deposit.

Fingers crossed you don't actually have to decorate the room too and that a darn good springclean and airing will remove the smell.

My sympathies - as I took in lodgers years back and I always specified "non-smoker" in the advert - but found several lodgers turned out to be smokers and all except one of them then smoked in my house.

In hindsight - I would have kept a packet of cheap fags and an ashtray to hand and offered would-be lodgers a fag at interview and seen if they accepted (rather than putting that I wanted a non-smoker in the advert). Yep....that would have meant setting them up to see whether they were or werent - rather than telling them they mustnt be and them ignoring me.:cool: