Lodger issues!!

*Kat*

Basically, I had my first lodger move in 6 weeks ago...Agreement was £450 rent pcm and £450 deposit, 4 weeks notice either side to end agreement.

He agreed and he met my sister at the house to hand over keys and pay the monies. He arrived, offered my sister £410 and no deposit, she agreed and handed the keys over. No one's fault, just one of those things.He told her he would pay the additional £40 missing rent and the deposit over the next 2 months (£225 per month). I asked him to confirm his agreement with her so that I could complete the agreement and he kept putting it off.

Well. We got on really well. Rent was due on 3rd (a week ago). I got home, he said that his work had suspended his pay and if he could pay on Tuesday (he must think I'm an idiot, but...that's another story), so I agreed - nothing wrong with a few days late payment.

Tuesday came and went, I am away for work 4-5 days a week, so I text him and asked where his payment was. He then told me that he was going to pay weekly as he's potentially leaving at the end of the month. I asked him if he was handing in his notice, and when the rent would be paid. The end of the month is still 4 weeks...

I kept it professional, but he was being very aggressive and disrespectful in messages towards me.

I am home today, he is not here and he hasn't paid any money. Today's excuse is that he needs to go to the bank tomorrow and request a new card reader.

As there is no signed agreement, where do I stand? (He has suggested that as there is no written agreement, he doesn't have to give me the notice - which would be great if it was both ways!)

markin

Give notice now... Good chance he never pays rent and just moves house to house.

*Kat*

Do you mean 28 day's notice? Or can I just ask him to get out now / this weekend?

ThePants999

Personally, I don't mind trying it on once someone's demonstrated first they're willing to do the same. So since he's already suggested that no written agreement = no notice, I'd try throwing that back at him and asking him to leave this weekend. You're probably not going to see another penny of rent either way.

markin

I'll let someone else answer that, but here's some things to start reading.


https://www.gov.uk/government/publications/letting-rooms-in-your-home-a-guide-for-resident-landlords/letting-rooms-in-your-home-a-guide-for-resident-landlords

https://forums.moneysavingexpert.com/showpost.php?p=67759939&postcount=9

2.10 Does there have to be an agreement in writing?

Not unless the let is a tenancy for a fixed term of more than 3 years. But it is advisable to have one anyway, as this will make it easier to sort out any disagreements which may arise later. Even if there is nothing in writing, both parties must still do whatever they agreed to, except where this conflicts with their overriding legal rights and responsibilities (see below).

1.5 So what is the difference between a tenancy and a licence to occupy?

The most important qualification for a letting to be a tenancy is that the occupier is granted exclusive use of at least one room. So if, for example, he or she has her own room and you do not have the right under the agreement to enter it without permission, the letting would probably be a tenancy. If you agree to provide some form of attendance or service which requires you (or someone working for you) unrestricted access to the occupier’s room, the letting would be a licence to occupy. If the occupier has to share his or her room (or all of his or her rooms, if more than one) with someone he or she did not choose, the letting would be a licence.
To be a tenancy, the letting must also be for a particular room (or rooms) – that is, without you being able to move him or her around.




1.6 What kind of attendance or services would require me to have unrestricted access to the occupier’s

These might include regular cleaning of the occupier’s room, removal of rubbish, changing the bed linen, providing meals. But none of these on its own necessarily means there is a licence. It is only if you genuinely need to come and go without restriction and cannot be limited to agreed times of the day in order to provide the services, that the occupier will not have exclusive use of the accommodation. In this type of arrangement, the occupier would usually be described as a lodger.

gettingtheresometime

A little trick my husband taught me is that one bank's card reader works with a different bank's card

G_M

*Kat* wrote: »

Basically, I had my first lodger move in 6 weeks ago...Agreement was £450 rent pcm and £450 deposit, 4 weeks notice either side to end agreement.

He agreed and he met my sister at the house to hand over keys and pay the monies. He arrived, offered my sister £410 and no deposit, she agreed and handed the keys over. No one's fault, just one of those things.
Rubbish!
* your sister's fault for handing over the keys without receiving the required payment
* your fault for not making clear to your sister whet she should/should notdo

He told her he would pay the additional £40 missing rent and the deposit over the next 2 months (£225 per month).
the wholepoint of a eposit is to receive it in advance, to cover future risks. Non-payment of the deposit (combined with a shortfall in the initial rent) sounds alarm bells so loud they can be heard in Europe.

I asked him to confirm his agreement with her so that I could complete the agreement and he kept putting it off. :rotfl:

Well. We got on really well. Rent was due on 3rd (a week ago). I got home, he said that his work had suspended his pay and if he could pay on Tuesday (he must think I'm an idiot, but...that's another story), so I agreed - nothing wrong with a few days late payment.
1) yes, he thinks you are an idiot
2) yes, he's right

Tuesday came and went, I am away for work 4-5 days a week, so I text him and asked where his payment was. He then told me that he was going to pay weekly as he's potentially leaving at the end of the month. I asked him if he was handing in his notice, and when the rent would be paid. The end of the month is still 4 weeks...
:rotfl:
I kept it professional, but he was being very aggressive and disrespectful in messages towards me.
This is not best handled via text. Stop.

I am home today, he is not here and he hasn't paid any money. Today's excuse is that he needs to go to the bank tomorrow and request a new card reader.
and tomorrow he'll tell you the card reader will be sent out in the next 2 weeks.

As there is no signed agreement, where do I stand?
you have a valid verbal contract with him. The terms are as you agreed at the time.

(He has suggested that as there is no written agreement, he doesn't have to give me the notice - which would be great if it was both ways!)

No - the terms do not have to be written into a contract, they just have to be agreed. You said:

Agreement was £450 rent pcm and £450 deposit, 4 weeks notice either side to end agreement.

But if this was verbal, there is no proof ("no I said...."; " "Yes but we agreed....."; "No we didn't....")unless there were reliable witnesses.

However, if he is now claiming he does not need to give you notice, then reciprricate: give him 24 hours notice.


https://www.youtube.com/watch?v=VXAo7zSN-9o



Then when he next goes out, change the lock (buy a new one ready + see below).


Pack his stuff an contact him to arrange to pass him his possesions. Be aware you have a duty of care for his belongings and must give the opportunity to collect/receive them (ideally don't let him back into the house, or if you must, have a beefy friend present too)

Honeylife

G_M is accurate and nails it.

Please use a written Licence Agreement next time. Verbal Agreements boil down to "he said, she said" and are a huge amount of hassle. Written Agreements are available in WH Smith & Rymans adjust as necessary.

Anyone who is short of the first rent should be told to jog on.
Anyone who doesn't have the full deposit on arrival should be told to jog on.

Absolutely no keys should be handed over until all first rent and all the deposit is received. I make sure transfer is done online in front of me on arrival if done not before arrival. Cash (rare) I give a receipt immediately.

Its business. Keep your business head.

AdrianC

*Kat* wrote: »

Agreement was £450 rent pcm and £450 deposit

He arrived, offered my sister £410 and no deposit, she agreed and handed the keys over.
...
if he could pay on Tuesday (he must think I'm an idiot, but...that's another story), so I agreed

<bangs head on table>