Nightmare lodger - Advice appreciated

Encona

Hi all.

This is my first post here and I’m hoping for a bit of advice.

I’ve had a nightmare lodger recently
Didn’t pay his rent on time, not even once and had to be chased on every occasion and when he finally paid on every occasion he paid less than was due and had to be chased again.
Didn’t own anything not even his own toothpaste– he brazenly was eating my food things from the house went missing and ended up in his room- candles, mirrors humidifiers – He even left a candle lit while noone was at the property.
He had at least one guest over near constantly and just in the few weeks before he left his girlfriend was there most nights of the week, when I asked him to keep the house empty as I needed the house to myself he just ignored those requests.

As it stands he is now out after I gave him a months notice to leave – he chose to leave early and only informed me on the day he was leaving that he was doing so.

The lodger was on a month-to-month rolling agreement with no fixed term.

The lodger moved in on the 19th of July and I gave the lodger one months notice to leave on the 1st of September and the lodger left on the 13th.

The rent due was £285 and the council tax approx £51.

The lodger missed a council tax payment of £51.

The lodger underpaid £70 in the second months rent .


A few matters:

1) I have reason to believe he was committing benefit fraud from my property (He basically admitted he was doing so in writing).

2) He made a copy of his key and gave this to his girlfriend of which I am certain and although he denies this he at least admits to giving the key to his girlfriend to get in and out of the property without my permission.

3) At the time of leaving as I said I would need to consider my legal position in deciding how much is due to him. He threatened me to go about reclaiming his deposit ‘his own way’ while I went my ‘legal way’ if I didn’t pay him the full amount + rebate on the outstanding days rent for the days he left early.

4) I was going away for 3 weeks and I asked the lodger if he would put food out for the cat and in return I told the lodger that I would let him have 70 quid off the rent or council tax AFTER I am back as a thank you if he did so.

When I returned the food was untouched, 3 litter trays all empty and the cat was skin and bones and even disappeared for 5 days the day after I returned (my VET thinks the cat had found another food source and that’s why he disappeared)

The issue now is that the lodger took it upon himself to ignore my instructions and just conveniently transferred £70 less in rent and missed the council tax payment while I was away which is not the good will gesture I offered (While I was away I even asked him to transfer the full amount but he ignored my messages).

Monetarily the lodger owes me £70 in rent, approx £52 in council tax and given the fact he gave my key to his associate and the subsequent threats and his committing universal credit fraud I’
ve changed the locks which cost me £100 which I’m don’t feel would be unreasonable to deduct from his council tax.

The lodger however insists the only thing I can deduct is the council tax and that I owe him a rebate for the days which he left early (which he underpaid the £70 for and only told me he was moving out on the day but within the notice period and there was never any agreement about a rebate).

I realise now what a big mistake having someone in on this short notice and especially with the cat and would never repeat the same mistake again

What would you do regarding the deposit?

Also in general are lodgers due a rebate on rent paid for the month if they leave early - Say they were given a months notice to leave however they only advised on the day that they intended to move out

Thanks for reading through all that!

[Deleted User]

I'd say "thank god he's gone, should have replaced the locks myself for a tenner " and see if he comes back for the deposit, refuse to answer the door etc. Leaving your cat in his care when you had had months of seeing he was the sort of person he was, is totally irresponsible. Sorry but its not something I'd do.

He would have been long gone before I needed anyone to look after my cat if constantly late with rent, underpaying and behaving in that way. A month's notice is too long with someone behaving like this, a week maximum.

I'd also do a lot more checks on the next lodger, if you have another one. Check references, check social media etc.

FreeBear

A couple of thought from my perspective having had lodgers.

Rent - This is always inclusive of all bills, including council tax.

Door locks - I budget for replacement locks and spare keys. I view this as a general expenditure.

Food - The lodger is always responsible for his/her own food. Theft of mine (and that includes the wine) is not tolerated. That said, I do provide oil, condiments, and some spices and I won't let my current lodgers starve.

Contractual notice - Rent is a fixed amount for each month. If (when) notice is given, and the lodger departs before the end of the month, rent is still expected for the remainder. If no payment is maid, then the deposit is used to cover the shortfall.

[Deleted User]

Hi,


if he was a lodger why were you charging council tax, were you splitting the tax between you both?


As already said, be glad you're rid of him, and check you tube about changing locks, it's a diy job.

HampshireH

Whether you can keep the deposit to cover the tent will depend on the terms covering the deposit in the lodger agreement you had.

If it states for damage then rent cannot be taken from it.

If however it states damage, missed rent and any other expenses incurred as a result of the tenant behaviour then you are good to go.

Why are you charging a lodger council tax? The homeowner /tenant is liable for council tax.

How much deposit did you take?

G_M

Encona wrote: »

Hi all.

This is my first post here and I’m hoping for a bit of advice.

I’ve had a nightmare lodger recently
Didn’t pay his rent on time, not even once and had to be chased on every occasion and when he finally paid on every occasion he paid less than was due and had to be chased again.
Didn’t own anything not even his own toothpaste– he brazenly was eating my food things from the house went missing and ended up in his room- candles, mirrors humidifiers – He even left a candle lit while noone was at the property.
He had at least one guest over near constantly and just in the few weeks before he left his girlfriend was there most nights of the week, when I asked him to keep the house empty as I needed the house to myself he just ignored those requests.

As it stands he is now out after I gave him a months notice to leave – he chose to leave early and only informed me on the day he was leaving that he was doing so.

The lodger was on a month-to-month rolling agreement with no fixed term.

The lodger moved in on the 19th of July and I gave the lodger one months notice to leave on the 1st of September and the lodger left on the 13th.

The rent due was £285 and the council tax approx £51.

The lodger missed a council tax payment of £51.

The lodger underpaid £70 in the second months rent .


A few matters:

1) I have reason to believe he was committing benefit fraud from my property (He basically admitted he was doing so in writing).Either ignore - not your business, or report here - your choice.

2) He made a copy of his key and gave this to his girlfriend of which I am certain and although he denies this he at least admits to giving the key to his girlfriend to get in and out of the property without my permission. Change the locks. You should do so anyway each time a lodger moves out.

3) At the time of leaving as I said I would need to consider my legal position in deciding how much is due to him. He threatened me to go about reclaiming his deposit ‘his own way’ while I went my ‘legal way’ if I didn’t pay him the full amount + rebate on the outstanding days rent for the days he left early. Deduct what he owes from the deposit you hold.

4) I was going away for 3 weeks and I asked the lodger if he would put food out for the cat and in return I told the lodger that I would let him have 70 quid off the rent or council tax AFTER I am back as a thank you if he did so.

When I returned the food was untouched, 3 litter trays all empty and the cat was skin and bones and even disappeared for 5 days the day after I returned (my VET thinks the cat had found another food source and that’s why he disappeared) You are well rid of him.Now move on.

The issue now is that the lodger took it upon himself to ignore my instructions and just conveniently transferred £70 less in rent and missed the council tax payment while I was away which is not the good will gesture I offered (While I was away I even asked him to transfer the full amount but he ignored my messages). So he owes you an additional £70 rent which you deduct from the deposit.

Monetarily the lodger owes me £70 in rent, approx £52 in council tax and given the fact he gave my key to his associate and the subsequent threats and his committing universal credit fraud I’
ve changed the locks which cost me £100 which I’m don’t feel would be unreasonable to deduct from his council tax.
A new lock costs about £5 - £20 and takes 5 minutes to change. And should be changed irrespective of the lodger passing a key on. Forget this.


The lodger however insists the only thing I can deduct is the council tax and that I owe him a rebate for the days which he left early (which he underpaid the £70 for and only told me he was moving out on the day but within the notice period and there was never any agreement about a rebate). What was the agreed notice period? Though frankly I'd ignore this. You had given him notice. You wanted him gone. He left. You should be happy!

.....
What would you do regarding the deposit? Calculate what he owes in rent an council tax and deduct from the deposit. Give him a clear breakdown of your deducions. If he owesmore than the deposit, put that in the letter with your calculations, but don't expect to see any more money from him.Just move on.

Also in general are lodgers due a rebate on rent paid for the month if they leave early - Say they were given a months notice to leave however they only advised on the day that they intended to move out

Thanks for reading through all that!

For the future.
* Always have a short notice period eg 1 week. You want to be able to get rid of a lodger fast if they are unpleasant. It's your home!
* if arrears arise, give notice soon. Yes if a reasonable excuse is given by a nice lodger, give them a 2nd chance, but after that: 1 weeks notice
* include council tax, utilities etc in the rent. Why complicate things with separate charges?
* have clear rules from the start, ideally in writing, about shared items eg toiletries, kitchen staples etc as well as cleaning expectations
* don't rely on a stranger, especially one proven to be unreliable, to look after your pet!

Now see
https://www.youtube.com/watch?v=LA580cRHXDY

https://www.youtube.com/watch?v=IIPyqtOmprE


See also
* Lodgers: advice & links for landlords & lodgers