Lodger secured a room with a deposit 6 weeks ago and now can’t move in - My rights?

gettingtheresometime

Annealise said:

TripleH said:

Have you relisted the room?

Regardless of the situation, you need to show you are trying to minimise your losses. Do you have to pay a fee to list your room on the website or if you find a lodger?

You would have a reasonable chance of arguing those fees at least could be kept.

Yes I relisted  the room at a cost of £28  a month immediately.

I thought spareroom was free to advertise on?

Jude57

Reading between the lines, you may be in a university city? If so, it's worth contacting the Uni's student housing team as they might have contacts with students seeking a room. In my city, there are always students seeking accommodation, due to falling out with housemates, the quiet ones having had their fill of trying to study in a party house etc.

Annealise

AdrianC said:

She clearly DID enter into a contract with you, else why would she have given you the money in the first place?

So it becomes a question of what is documented between you. Was it all verbal? Is anything at all in writing?

If not, then it's a simple he-said-she-said. Which side will a court side with? Who knows. Likely whoever produces the most convincing documentation to back their claim up. Whether that's you or them, it's a lot of hassle and stress that you almost certainly don't need for what, in the grand scheme of things, is not going to be a large amount of money. We're talking about a couple of weeks rent at most for a room in a shared house?

The simplest way out of this is undoubtedly a compromise. You've offered to repay half if you can find another lodger quickly. Do so, whether or not you find another lodger.

Ignore the "nasty personal comments", except insofar as they show that you've had a lucky escape from having to share your home with this person.

I assume that you do have other sources of income than a lodger's rent. If not, that's a very precarious position to be in - and her "nasty personal comment" about claiming the benefits to which you would undoubtedly be entitled is not at all "nasty", but actually quite sound advice.

 There are texts and emails confirming things  I stupidly overlooked the  deposit bit in writing though,  as I had already previously verbally discussed it with her. I did state that due to receiving the deposit I would now  remove my advertisement from the website and not show the room to anyone else.  I personally would not expect someone to exclusively keep a room available  for me for 6 weeks and then give them  a day’s notice and not expect them to keep my deposit that secured the room. She  says she knew what the deposit was  for but says it’s not her fault she can’t take the room.

I stand  to lose £560 a month until I can find someone. It’s a lot of money to me. The deposit was £400 too. The benefits system does not pay mortgage payments so I decided to take a lodger. It has worked out well over the last few years as I  am unable to work due to bad health.  I also  have some financial  assistance from  my son. 

Annealise

Jude57 said:

Reading between the lines, you may be in a university city? If so, it's worth contacting the Uni's student housing team as they might have contacts with students seeking a room. In my city, there are always students seeking accommodation, due to falling out with housemates, the quiet ones having had their fill of trying to study in a party house etc.

I live in a small town. We have a  small college where the courses for September have now already commenced  I was actually contacted by four students in the summer around the same time I  gave this girl the room.

Borders2017

While I sympathise with your situation I dont think you should be housing lodgers when you have so little disposable income. The fact you could not absorb a couple of missed months rent makes me wonder what you would do if there was serious issue with heating or repairs etc. Would you not be better to downsize/move elsewhere

AdrianC

Annealise said:

AdrianC said:

I assume that you do have other sources of income than a lodger's rent. If not, that's a very precarious position to be in - and her "nasty personal comment" about claiming the benefits to which you would undoubtedly be entitled is not at all "nasty", but actually quite sound advice.

I stand  to lose £560 a month until I can find someone. It’s a lot of money to me. The deposit was £400 too. The benefits system does not pay mortgage payments so I decided to take a lodger. It has worked out well over the last few years as I am unable to work due to bad health.  I also  have some financial  assistance from  my son. 

Claim the benefits you are undoubtedly entitled to.

https://forums.moneysavingexpert.com/categories/work-benefits-business

canaldumidi

Annealise said:

......a nice person 6 weeks ago. I took a deposit ( which doesn’t even cover 1 months rent  but I  know times are hard for people at the moment ) to secure the room for her, until 25the September.
In our initial meeting I told her it was non refundable  to secure the room.

But not confirmed in writing. So your word against hers.

I request one months notice

But again, not in writing. So your word against hers.

First up - obviously there is a contract. She gave you money (bank transfer is proof) and in return you agreed to provide the room (email proof). Lawyers call this 'Consideration' which clearly applies in this case.

The terms of the contract are unfortunately verbal so impossible for either side to prove. A judge would decide "on the balance of probability" what he believes when you each present your arguments.

As Adrian said earlier, compromise is the best way forward. It's always better to avoid court where you can. However, when suggesting a compromise, be very careful not to write anything that might suggest she is entiled to the deposit, or that the deposit was refundable, or that the notice period was anything ess than 1 month. If it does go to court, anything you now write could be presented later to a judge.

There's a good chance of course that her threat of court is a bluff. People do this all the time to scare the other party into backing down. Whether she'll actually want to pay the court fees, and commit to the hassle and time of court action will depend on her personality, and her finacial position, as well as the amount involved.

Of course, the other way to go is to play hardball (or is that an american expression...?): Repeat that the deposit is non-refundable; you held the room for 6 weeks; you turned down other applicants; you lost rent for those 6 weeks; and.... if she makes a claim in court for the deposit, you will counter-claim for 6 weeks lost rent.

Wanderingpomm

She’s not given you a months notice and as she’s a lodger she has no protection rights. Just keep it she won’t win in court 

Wanderingpomm

Annealise said:

TripleH said:

Have you relisted the room?

Regardless of the situation, you need to show you are trying to minimise your losses. Do you have to pay a fee to list your room on the website or if you find a lodger?

You would have a reasonable chance of arguing those fees at least could be kept.

Yes I relisted  the room at a cost of £28  a month immediately.

You don’t have to minimise losses, it’s polite but this is a private agreement. She has no right to her holding deposit back. 

saajan_12

So your issue will be proving the agreement, as it was verbal up to this point. If ultimately a judge does believe your version of the verbal agreement, then 
* £400 was a holding deposit to secure the room in the event she doesn't move in. She didn't move in, ergo £400 non refundable
* Agreed to let the room for £560pm on a rolling contract with 1 month notice. Due to her breach, you've had to readvertise and lose rent for x weeks from her start date to the date you find a new lodger. Those damages can be counterclaimed. 

 

canaldumidi said:

Of course, the other way to go is to play hardball (or is that an american expression...?): Repeat that the deposit is non-refundable; you held the room for 6 weeks; you turned down other applicants; you lost rent for those 6 weeks; and.... if she makes a claim in court for the deposit, you will counter-claim for 6 weeks lost rent.

Well not exactly 6 weeks lost rent, as that would have been lost anyway (or the portion after the first lodger moved out) even if this one did move in as planned. Your loss is the lost rent for the time AFTER the expected move in date, until you can relet the property plus cost of reletting.