The OP could have required the lodger to apply for his own CRB check, then show it to the OP. I’d have thought that is legal if you are sharing your home with a stranger, but I have no knowledge.
But, the OP did not do that. The OP's employer applied for a CRB check on the lodger, then gave that to the OP. Even though that was done with the lodger’s consent, that strikes me as dodgy.
However, none of that seems to be in the lodger's claim letter, so the OP doesn’t have to deal with it.
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Lodger lied during application, outcome on page 29...!
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CKhalvashi said:Andthen07 said:CKhalvashi said:Giddypip said:themastergoose said:pjcox2005 said:Preface it with no experience in this area but stumbled across thread.
My reaction would be to laugh, acknowledge letter and say happy to meet in court. Call the bluff and leave it as that.
On points 2) and 3) these fall flat straight away. My understanding is that lodgers aren't within the tenancy protection rules (see link here Lodgers - Shelter England - assumption you are in England so apologies if mentioned elsewhere you're not) and no judge is going to have the view that a basic lodger would have food, washing and anything else they want to be included.
Point 1) is going to fail I'd expect particularly given the failure to disclose background. Lodgers have less protection on eviction but you would want to check terms within the 6 month agreement you got them to sign. I presume they'd be a clause in there that you can evict with reduced notice.
Best of luck.
A reply, however brief and to the point, would be essential to negate any potential claim at the pre-court stage, as long as it makes the actual rights clear.
I'm unsure, even with the lodger leaving, why OP as a businessperson in this case (as whatever OP may feel, this was a business transaction on their part) feels it's correct to not make checks before signing a contract, making them after, and then from what I can see pressuring the lodger to leave. The checks made may or may not be legal, therefore furthering the claim.
I am of the opinion here that something is owed, which is somewhere between the £0 that OP believes and the 5 months the lodger is claiming for.
As I've stated, a 6 month contract was signed, it's highly possible that as a result of illegal searches being made on the lodget that contract was broken under pressure.
There may therefore be a claim, however taking this thread at face value and piecing together the rest, I'd go with there being a breach under pressure on your part.
Your lodger would have a reasonable right to privacy, which you have not respected, especially as I can see there have been no threats towards you and no expectation of such.
I am therefore still of the opinion that something between £0 and 5 months rent may be owed as a result of what's been implied here.
That would be fine had he not intentionally lied. See the issue?
The fact the credit and DBS check was going to be carried out wasn't hidden or done in secret. He even had the option on the DBS check to actually withhold sharing the result as I know it's asked, it also has a declaration on who it's shared with and they choose some, one, all or none. He consented to all, and my argument is he knew at that point I was going to find out despite declaring earlier he had no un-spent convictions.
Really don't think he's got a case, and I'm now determined to just tell him to take it to court. His actions voided the contract through dishonesty and being opportunistic.I've sold my signature spot as an NFT.2 -
No reliance should be placed on the above! Absolutely none, do you hear?0 -
CKhalvashi said:themastergoose said:CKhalvashi said:Giddypip said:themastergoose said:pjcox2005 said:Preface it with no experience in this area but stumbled across thread.
My reaction would be to laugh, acknowledge letter and say happy to meet in court. Call the bluff and leave it as that.
On points 2) and 3) these fall flat straight away. My understanding is that lodgers aren't within the tenancy protection rules (see link here Lodgers - Shelter England - assumption you are in England so apologies if mentioned elsewhere you're not) and no judge is going to have the view that a basic lodger would have food, washing and anything else they want to be included.
Point 1) is going to fail I'd expect particularly given the failure to disclose background. Lodgers have less protection on eviction but you would want to check terms within the 6 month agreement you got them to sign. I presume they'd be a clause in there that you can evict with reduced notice.
Best of luck.
A reply, however brief and to the point, would be essential to negate any potential claim at the pre-court stage, as long as it makes the actual rights clear.
I'm unsure, even with the lodger leaving, why OP as a businessperson in this case (as whatever OP may feel, this was a business transaction on their part) feels it's correct to not make checks before signing a contract, making them after, and then from what I can see pressuring the lodger to leave. The checks made may or may not be legal, therefore furthering the claim.
I am of the opinion here that something is owed, which is somewhere between the £0 that OP believes and the 5 months the lodger is claiming for.
The lodger wasn't pressured to leave. He lied, end of. I served notice because of it, and he chose to leave early and also collected his deposit back and un-used days he'd paid for.
The checks were not illegal neither. I'm amused everyone keeps on saying that they were.
I have included the link below for companies, but if not, can you show in law where this would be necessary or proportionate for the (now broken) contract you hold with your lodger?
https://www.gov.uk/find-out-dbs-check
In short, yes, I am serious unless you have been threatened (which still wouldn't require this check, it would require a police call) or there is something regulated going on within the property that you have not mentioned in this thread.
As a court claim would take 1.5 days of salary to earn, I am still sure the money to you would have been forthcoming and therefore there is no issue with this, and withholding any threats, am sure there was no need for you to invade the privacy of your lodger beyond the fact there was not a danger to you and the rent could be paid.I've sold my signature spot as an NFT.3 -
CKhalvashi said:themastergoose said:CKhalvashi said:Giddypip said:themastergoose said:pjcox2005 said:Preface it with no experience in this area but stumbled across thread.
My reaction would be to laugh, acknowledge letter and say happy to meet in court. Call the bluff and leave it as that.
On points 2) and 3) these fall flat straight away. My understanding is that lodgers aren't within the tenancy protection rules (see link here Lodgers - Shelter England - assumption you are in England so apologies if mentioned elsewhere you're not) and no judge is going to have the view that a basic lodger would have food, washing and anything else they want to be included.
Point 1) is going to fail I'd expect particularly given the failure to disclose background. Lodgers have less protection on eviction but you would want to check terms within the 6 month agreement you got them to sign. I presume they'd be a clause in there that you can evict with reduced notice.
Best of luck.
A reply, however brief and to the point, would be essential to negate any potential claim at the pre-court stage, as long as it makes the actual rights clear.
I'm unsure, even with the lodger leaving, why OP as a businessperson in this case (as whatever OP may feel, this was a business transaction on their part) feels it's correct to not make checks before signing a contract, making them after, and then from what I can see pressuring the lodger to leave. The checks made may or may not be legal, therefore furthering the claim.
I am of the opinion here that something is owed, which is somewhere between the £0 that OP believes and the 5 months the lodger is claiming for.
The lodger wasn't pressured to leave. He lied, end of. I served notice because of it, and he chose to leave early and also collected his deposit back and un-used days he'd paid for.
The checks were not illegal neither. I'm amused everyone keeps on saying that they were.
But a banker, engaged at enormous expense,Had the whole of their cash in his care.
Lewis Carroll2 -
themastergoose said:CKhalvashi said:themastergoose said:CKhalvashi said:Giddypip said:themastergoose said:pjcox2005 said:Preface it with no experience in this area but stumbled across thread.
My reaction would be to laugh, acknowledge letter and say happy to meet in court. Call the bluff and leave it as that.
On points 2) and 3) these fall flat straight away. My understanding is that lodgers aren't within the tenancy protection rules (see link here Lodgers - Shelter England - assumption you are in England so apologies if mentioned elsewhere you're not) and no judge is going to have the view that a basic lodger would have food, washing and anything else they want to be included.
Point 1) is going to fail I'd expect particularly given the failure to disclose background. Lodgers have less protection on eviction but you would want to check terms within the 6 month agreement you got them to sign. I presume they'd be a clause in there that you can evict with reduced notice.
Best of luck.
A reply, however brief and to the point, would be essential to negate any potential claim at the pre-court stage, as long as it makes the actual rights clear.
I'm unsure, even with the lodger leaving, why OP as a businessperson in this case (as whatever OP may feel, this was a business transaction on their part) feels it's correct to not make checks before signing a contract, making them after, and then from what I can see pressuring the lodger to leave. The checks made may or may not be legal, therefore furthering the claim.
I am of the opinion here that something is owed, which is somewhere between the £0 that OP believes and the 5 months the lodger is claiming for.
The lodger wasn't pressured to leave. He lied, end of. I served notice because of it, and he chose to leave early and also collected his deposit back and un-used days he'd paid for.
The checks were not illegal neither. I'm amused everyone keeps on saying that they were.
I have included the link below for companies, but if not, can you show in law where this would be necessary or proportionate for the (now broken) contract you hold with your lodger?
https://www.gov.uk/find-out-dbs-check
In short, yes, I am serious unless you have been threatened (which still wouldn't require this check, it would require a police call) or there is something regulated going on within the property that you have not mentioned in this thread.
As a court claim would take 1.5 days of salary to earn, I am still sure the money to you would have been forthcoming and therefore there is no issue with this, and withholding any threats, am sure there was no need for you to invade the privacy of your lodger beyond the fact there was not a danger to you and the rent could be paid.3 -
themastergoose said:CKhalvashi said:Andthen07 said:CKhalvashi said:Giddypip said:themastergoose said:pjcox2005 said:Preface it with no experience in this area but stumbled across thread.
My reaction would be to laugh, acknowledge letter and say happy to meet in court. Call the bluff and leave it as that.
On points 2) and 3) these fall flat straight away. My understanding is that lodgers aren't within the tenancy protection rules (see link here Lodgers - Shelter England - assumption you are in England so apologies if mentioned elsewhere you're not) and no judge is going to have the view that a basic lodger would have food, washing and anything else they want to be included.
Point 1) is going to fail I'd expect particularly given the failure to disclose background. Lodgers have less protection on eviction but you would want to check terms within the 6 month agreement you got them to sign. I presume they'd be a clause in there that you can evict with reduced notice.
Best of luck.
A reply, however brief and to the point, would be essential to negate any potential claim at the pre-court stage, as long as it makes the actual rights clear.
I'm unsure, even with the lodger leaving, why OP as a businessperson in this case (as whatever OP may feel, this was a business transaction on their part) feels it's correct to not make checks before signing a contract, making them after, and then from what I can see pressuring the lodger to leave. The checks made may or may not be legal, therefore furthering the claim.
I am of the opinion here that something is owed, which is somewhere between the £0 that OP believes and the 5 months the lodger is claiming for.
As I've stated, a 6 month contract was signed, it's highly possible that as a result of illegal searches being made on the lodget that contract was broken under pressure.
There may therefore be a claim, however taking this thread at face value and piecing together the rest, I'd go with there being a breach under pressure on your part.
Your lodger would have a reasonable right to privacy, which you have not respected, especially as I can see there have been no threats towards you and no expectation of such.
I am therefore still of the opinion that something between £0 and 5 months rent may be owed as a result of what's been implied here.
That would be fine had he not intentionally lied. See the issue?
The fact the credit and DBS check was going to be carried out wasn't hidden or done in secret. He even had the option on the DBS check to actually withhold sharing the result as I know it's asked, it also has a declaration on who it's shared with and they choose some, one, all or none. He consented to all, and my argument is he knew at that point I was going to find out despite declaring earlier he had no un-spent convictions.
Really don't think he's got a case, and I'm now determined to just tell him to take it to court. His actions voided the contract through dishonesty and being opportunistic.
https://unlock.org.uk/advice/private-rented-housing/
I don't have any criminal convictions and don't rent, so can't confirm from experience, but your actions are not a standard practice I've seen when renting a property or room. A credit check for this purpose would generally be ok however.
Checks on criminal records can only be completed in certain circumstances, and I don't believe (but as you are protesting I'm wrong have asked a property professional who will probably get back to me tomorrow) that lettings is one of these exceptions.
In any event, a 6 month contract was signed and the lodger moved in before any concerns were raised via your further checks, with no evidence that the history would be aimed at you. Even if these were legal (which I believe it wasn't unless something else regulated was going on within the property), this should have been done before move in (or even more preferably via a separate contract before the license agreement was signed) to keep you in the clear.themastergoose said:CKhalvashi said:themastergoose said:CKhalvashi said:Giddypip said:themastergoose said:pjcox2005 said:Preface it with no experience in this area but stumbled across thread.
My reaction would be to laugh, acknowledge letter and say happy to meet in court. Call the bluff and leave it as that.
On points 2) and 3) these fall flat straight away. My understanding is that lodgers aren't within the tenancy protection rules (see link here Lodgers - Shelter England - assumption you are in England so apologies if mentioned elsewhere you're not) and no judge is going to have the view that a basic lodger would have food, washing and anything else they want to be included.
Point 1) is going to fail I'd expect particularly given the failure to disclose background. Lodgers have less protection on eviction but you would want to check terms within the 6 month agreement you got them to sign. I presume they'd be a clause in there that you can evict with reduced notice.
Best of luck.
A reply, however brief and to the point, would be essential to negate any potential claim at the pre-court stage, as long as it makes the actual rights clear.
I'm unsure, even with the lodger leaving, why OP as a businessperson in this case (as whatever OP may feel, this was a business transaction on their part) feels it's correct to not make checks before signing a contract, making them after, and then from what I can see pressuring the lodger to leave. The checks made may or may not be legal, therefore furthering the claim.
I am of the opinion here that something is owed, which is somewhere between the £0 that OP believes and the 5 months the lodger is claiming for.
The lodger wasn't pressured to leave. He lied, end of. I served notice because of it, and he chose to leave early and also collected his deposit back and un-used days he'd paid for.
The checks were not illegal neither. I'm amused everyone keeps on saying that they were.
I have included the link below for companies, but if not, can you show in law where this would be necessary or proportionate for the (now broken) contract you hold with your lodger?
https://www.gov.uk/find-out-dbs-check
In short, yes, I am serious unless you have been threatened (which still wouldn't require this check, it would require a police call) or there is something regulated going on within the property that you have not mentioned in this thread.
As a court claim would take 1.5 days of salary to earn, I am still sure the money to you would have been forthcoming and therefore there is no issue with this, and withholding any threats, am sure there was no need for you to invade the privacy of your lodger beyond the fact there was not a danger to you and the rent could be paid.
If it's found to not be reasonable, you may have a claim against your employer.
Once again, in many years dealing with the rental market (as just about everything but a tenant or agent), I have never seen this term included.
If you are a foster carer, speak to your social worker. If you're a police officer, speak to your fed rep. If you're neither, seek legal advice is going to be where I'll leave this for you.💙💛 💔-1 -
CKhalvashi said:themastergoose said:CKhalvashi said:Andthen07 said:CKhalvashi said:Giddypip said:themastergoose said:pjcox2005 said:Preface it with no experience in this area but stumbled across thread.
My reaction would be to laugh, acknowledge letter and say happy to meet in court. Call the bluff and leave it as that.
On points 2) and 3) these fall flat straight away. My understanding is that lodgers aren't within the tenancy protection rules (see link here Lodgers - Shelter England - assumption you are in England so apologies if mentioned elsewhere you're not) and no judge is going to have the view that a basic lodger would have food, washing and anything else they want to be included.
Point 1) is going to fail I'd expect particularly given the failure to disclose background. Lodgers have less protection on eviction but you would want to check terms within the 6 month agreement you got them to sign. I presume they'd be a clause in there that you can evict with reduced notice.
Best of luck.
A reply, however brief and to the point, would be essential to negate any potential claim at the pre-court stage, as long as it makes the actual rights clear.
I'm unsure, even with the lodger leaving, why OP as a businessperson in this case (as whatever OP may feel, this was a business transaction on their part) feels it's correct to not make checks before signing a contract, making them after, and then from what I can see pressuring the lodger to leave. The checks made may or may not be legal, therefore furthering the claim.
I am of the opinion here that something is owed, which is somewhere between the £0 that OP believes and the 5 months the lodger is claiming for.
As I've stated, a 6 month contract was signed, it's highly possible that as a result of illegal searches being made on the lodget that contract was broken under pressure.
There may therefore be a claim, however taking this thread at face value and piecing together the rest, I'd go with there being a breach under pressure on your part.
Your lodger would have a reasonable right to privacy, which you have not respected, especially as I can see there have been no threats towards you and no expectation of such.
I am therefore still of the opinion that something between £0 and 5 months rent may be owed as a result of what's been implied here.
That would be fine had he not intentionally lied. See the issue?
The fact the credit and DBS check was going to be carried out wasn't hidden or done in secret. He even had the option on the DBS check to actually withhold sharing the result as I know it's asked, it also has a declaration on who it's shared with and they choose some, one, all or none. He consented to all, and my argument is he knew at that point I was going to find out despite declaring earlier he had no un-spent convictions.
Really don't think he's got a case, and I'm now determined to just tell him to take it to court. His actions voided the contract through dishonesty and being opportunistic.
https://unlock.org.uk/advice/private-rented-housing/
I don't have any criminal convictions and don't rent, so can't confirm from experience, but your actions are not a standard practice I've seen when renting a property or room. A credit check for this purpose would generally be ok however.
Checks on criminal records can only be completed in certain circumstances, and I don't believe (but as you are protesting I'm wrong have asked a property professional who will probably get back to me tomorrow) that lettings is one of these exceptions.
In any event, a 6 month contract was signed and the lodger moved in before any concerns were raised via your further checks, with no evidence that the history would be aimed at you. Even if these were legal (which I believe it wasn't unless something else regulated was going on within the property), this should have been done before move in (or even more preferably via a separate contract before the license agreement was signed) to keep you in the clear.themastergoose said:CKhalvashi said:themastergoose said:CKhalvashi said:Giddypip said:themastergoose said:pjcox2005 said:Preface it with no experience in this area but stumbled across thread.
My reaction would be to laugh, acknowledge letter and say happy to meet in court. Call the bluff and leave it as that.
On points 2) and 3) these fall flat straight away. My understanding is that lodgers aren't within the tenancy protection rules (see link here Lodgers - Shelter England - assumption you are in England so apologies if mentioned elsewhere you're not) and no judge is going to have the view that a basic lodger would have food, washing and anything else they want to be included.
Point 1) is going to fail I'd expect particularly given the failure to disclose background. Lodgers have less protection on eviction but you would want to check terms within the 6 month agreement you got them to sign. I presume they'd be a clause in there that you can evict with reduced notice.
Best of luck.
A reply, however brief and to the point, would be essential to negate any potential claim at the pre-court stage, as long as it makes the actual rights clear.
I'm unsure, even with the lodger leaving, why OP as a businessperson in this case (as whatever OP may feel, this was a business transaction on their part) feels it's correct to not make checks before signing a contract, making them after, and then from what I can see pressuring the lodger to leave. The checks made may or may not be legal, therefore furthering the claim.
I am of the opinion here that something is owed, which is somewhere between the £0 that OP believes and the 5 months the lodger is claiming for.
The lodger wasn't pressured to leave. He lied, end of. I served notice because of it, and he chose to leave early and also collected his deposit back and un-used days he'd paid for.
The checks were not illegal neither. I'm amused everyone keeps on saying that they were.
I have included the link below for companies, but if not, can you show in law where this would be necessary or proportionate for the (now broken) contract you hold with your lodger?
https://www.gov.uk/find-out-dbs-check
In short, yes, I am serious unless you have been threatened (which still wouldn't require this check, it would require a police call) or there is something regulated going on within the property that you have not mentioned in this thread.
As a court claim would take 1.5 days of salary to earn, I am still sure the money to you would have been forthcoming and therefore there is no issue with this, and withholding any threats, am sure there was no need for you to invade the privacy of your lodger beyond the fact there was not a danger to you and the rent could be paid.
If it's found to not be reasonable, you may have a claim against your employer.
Once again, in many years dealing with the rental market (as just about everything but a tenant or agent), I have never seen this term included.
If you are a foster carer, speak to your social worker. If you're a police officer, speak to your fed rep. If you're neither, seek legal advice is going to be where I'll leave this for you.5 -
Andthen07 said:CKhalvashi said:themastergoose said:CKhalvashi said:Andthen07 said:CKhalvashi said:Giddypip said:themastergoose said:pjcox2005 said:Preface it with no experience in this area but stumbled across thread.
My reaction would be to laugh, acknowledge letter and say happy to meet in court. Call the bluff and leave it as that.
On points 2) and 3) these fall flat straight away. My understanding is that lodgers aren't within the tenancy protection rules (see link here Lodgers - Shelter England - assumption you are in England so apologies if mentioned elsewhere you're not) and no judge is going to have the view that a basic lodger would have food, washing and anything else they want to be included.
Point 1) is going to fail I'd expect particularly given the failure to disclose background. Lodgers have less protection on eviction but you would want to check terms within the 6 month agreement you got them to sign. I presume they'd be a clause in there that you can evict with reduced notice.
Best of luck.
A reply, however brief and to the point, would be essential to negate any potential claim at the pre-court stage, as long as it makes the actual rights clear.
I'm unsure, even with the lodger leaving, why OP as a businessperson in this case (as whatever OP may feel, this was a business transaction on their part) feels it's correct to not make checks before signing a contract, making them after, and then from what I can see pressuring the lodger to leave. The checks made may or may not be legal, therefore furthering the claim.
I am of the opinion here that something is owed, which is somewhere between the £0 that OP believes and the 5 months the lodger is claiming for.
As I've stated, a 6 month contract was signed, it's highly possible that as a result of illegal searches being made on the lodget that contract was broken under pressure.
There may therefore be a claim, however taking this thread at face value and piecing together the rest, I'd go with there being a breach under pressure on your part.
Your lodger would have a reasonable right to privacy, which you have not respected, especially as I can see there have been no threats towards you and no expectation of such.
I am therefore still of the opinion that something between £0 and 5 months rent may be owed as a result of what's been implied here.
That would be fine had he not intentionally lied. See the issue?
The fact the credit and DBS check was going to be carried out wasn't hidden or done in secret. He even had the option on the DBS check to actually withhold sharing the result as I know it's asked, it also has a declaration on who it's shared with and they choose some, one, all or none. He consented to all, and my argument is he knew at that point I was going to find out despite declaring earlier he had no un-spent convictions.
Really don't think he's got a case, and I'm now determined to just tell him to take it to court. His actions voided the contract through dishonesty and being opportunistic.
https://unlock.org.uk/advice/private-rented-housing/
I don't have any criminal convictions and don't rent, so can't confirm from experience, but your actions are not a standard practice I've seen when renting a property or room. A credit check for this purpose would generally be ok however.
Checks on criminal records can only be completed in certain circumstances, and I don't believe (but as you are protesting I'm wrong have asked a property professional who will probably get back to me tomorrow) that lettings is one of these exceptions.
In any event, a 6 month contract was signed and the lodger moved in before any concerns were raised via your further checks, with no evidence that the history would be aimed at you. Even if these were legal (which I believe it wasn't unless something else regulated was going on within the property), this should have been done before move in (or even more preferably via a separate contract before the license agreement was signed) to keep you in the clear.themastergoose said:CKhalvashi said:themastergoose said:CKhalvashi said:Giddypip said:themastergoose said:pjcox2005 said:Preface it with no experience in this area but stumbled across thread.
My reaction would be to laugh, acknowledge letter and say happy to meet in court. Call the bluff and leave it as that.
On points 2) and 3) these fall flat straight away. My understanding is that lodgers aren't within the tenancy protection rules (see link here Lodgers - Shelter England - assumption you are in England so apologies if mentioned elsewhere you're not) and no judge is going to have the view that a basic lodger would have food, washing and anything else they want to be included.
Point 1) is going to fail I'd expect particularly given the failure to disclose background. Lodgers have less protection on eviction but you would want to check terms within the 6 month agreement you got them to sign. I presume they'd be a clause in there that you can evict with reduced notice.
Best of luck.
A reply, however brief and to the point, would be essential to negate any potential claim at the pre-court stage, as long as it makes the actual rights clear.
I'm unsure, even with the lodger leaving, why OP as a businessperson in this case (as whatever OP may feel, this was a business transaction on their part) feels it's correct to not make checks before signing a contract, making them after, and then from what I can see pressuring the lodger to leave. The checks made may or may not be legal, therefore furthering the claim.
I am of the opinion here that something is owed, which is somewhere between the £0 that OP believes and the 5 months the lodger is claiming for.
The lodger wasn't pressured to leave. He lied, end of. I served notice because of it, and he chose to leave early and also collected his deposit back and un-used days he'd paid for.
The checks were not illegal neither. I'm amused everyone keeps on saying that they were.
I have included the link below for companies, but if not, can you show in law where this would be necessary or proportionate for the (now broken) contract you hold with your lodger?
https://www.gov.uk/find-out-dbs-check
In short, yes, I am serious unless you have been threatened (which still wouldn't require this check, it would require a police call) or there is something regulated going on within the property that you have not mentioned in this thread.
As a court claim would take 1.5 days of salary to earn, I am still sure the money to you would have been forthcoming and therefore there is no issue with this, and withholding any threats, am sure there was no need for you to invade the privacy of your lodger beyond the fact there was not a danger to you and the rent could be paid.
If it's found to not be reasonable, you may have a claim against your employer.
Once again, in many years dealing with the rental market (as just about everything but a tenant or agent), I have never seen this term included.
If you are a foster carer, speak to your social worker. If you're a police officer, speak to your fed rep. If you're neither, seek legal advice is going to be where I'll leave this for you.
It's possible there is information missing, however I've given the 2 most common scenarios I can think of from the missing information. It's upsetting that you don't believe someone in work, even with criminal convictions, should not have somewhere to live as a result of checks that should have been done before signing contracts not being done.
I have attempted to help as best as I can given the sensitivity of the situation and that a third party may be acting unlawfully in this situation, taking this into account.💙💛 💔-1 -
CKhalvashi said:Andthen07 said:CKhalvashi said:themastergoose said:CKhalvashi said:Andthen07 said:CKhalvashi said:Giddypip said:themastergoose said:pjcox2005 said:Preface it with no experience in this area but stumbled across thread.
My reaction would be to laugh, acknowledge letter and say happy to meet in court. Call the bluff and leave it as that.
On points 2) and 3) these fall flat straight away. My understanding is that lodgers aren't within the tenancy protection rules (see link here Lodgers - Shelter England - assumption you are in England so apologies if mentioned elsewhere you're not) and no judge is going to have the view that a basic lodger would have food, washing and anything else they want to be included.
Point 1) is going to fail I'd expect particularly given the failure to disclose background. Lodgers have less protection on eviction but you would want to check terms within the 6 month agreement you got them to sign. I presume they'd be a clause in there that you can evict with reduced notice.
Best of luck.
A reply, however brief and to the point, would be essential to negate any potential claim at the pre-court stage, as long as it makes the actual rights clear.
I'm unsure, even with the lodger leaving, why OP as a businessperson in this case (as whatever OP may feel, this was a business transaction on their part) feels it's correct to not make checks before signing a contract, making them after, and then from what I can see pressuring the lodger to leave. The checks made may or may not be legal, therefore furthering the claim.
I am of the opinion here that something is owed, which is somewhere between the £0 that OP believes and the 5 months the lodger is claiming for.
As I've stated, a 6 month contract was signed, it's highly possible that as a result of illegal searches being made on the lodget that contract was broken under pressure.
There may therefore be a claim, however taking this thread at face value and piecing together the rest, I'd go with there being a breach under pressure on your part.
Your lodger would have a reasonable right to privacy, which you have not respected, especially as I can see there have been no threats towards you and no expectation of such.
I am therefore still of the opinion that something between £0 and 5 months rent may be owed as a result of what's been implied here.
That would be fine had he not intentionally lied. See the issue?
The fact the credit and DBS check was going to be carried out wasn't hidden or done in secret. He even had the option on the DBS check to actually withhold sharing the result as I know it's asked, it also has a declaration on who it's shared with and they choose some, one, all or none. He consented to all, and my argument is he knew at that point I was going to find out despite declaring earlier he had no un-spent convictions.
Really don't think he's got a case, and I'm now determined to just tell him to take it to court. His actions voided the contract through dishonesty and being opportunistic.
https://unlock.org.uk/advice/private-rented-housing/
I don't have any criminal convictions and don't rent, so can't confirm from experience, but your actions are not a standard practice I've seen when renting a property or room. A credit check for this purpose would generally be ok however.
Checks on criminal records can only be completed in certain circumstances, and I don't believe (but as you are protesting I'm wrong have asked a property professional who will probably get back to me tomorrow) that lettings is one of these exceptions.
In any event, a 6 month contract was signed and the lodger moved in before any concerns were raised via your further checks, with no evidence that the history would be aimed at you. Even if these were legal (which I believe it wasn't unless something else regulated was going on within the property), this should have been done before move in (or even more preferably via a separate contract before the license agreement was signed) to keep you in the clear.themastergoose said:CKhalvashi said:themastergoose said:CKhalvashi said:Giddypip said:themastergoose said:pjcox2005 said:Preface it with no experience in this area but stumbled across thread.
My reaction would be to laugh, acknowledge letter and say happy to meet in court. Call the bluff and leave it as that.
On points 2) and 3) these fall flat straight away. My understanding is that lodgers aren't within the tenancy protection rules (see link here Lodgers - Shelter England - assumption you are in England so apologies if mentioned elsewhere you're not) and no judge is going to have the view that a basic lodger would have food, washing and anything else they want to be included.
Point 1) is going to fail I'd expect particularly given the failure to disclose background. Lodgers have less protection on eviction but you would want to check terms within the 6 month agreement you got them to sign. I presume they'd be a clause in there that you can evict with reduced notice.
Best of luck.
A reply, however brief and to the point, would be essential to negate any potential claim at the pre-court stage, as long as it makes the actual rights clear.
I'm unsure, even with the lodger leaving, why OP as a businessperson in this case (as whatever OP may feel, this was a business transaction on their part) feels it's correct to not make checks before signing a contract, making them after, and then from what I can see pressuring the lodger to leave. The checks made may or may not be legal, therefore furthering the claim.
I am of the opinion here that something is owed, which is somewhere between the £0 that OP believes and the 5 months the lodger is claiming for.
The lodger wasn't pressured to leave. He lied, end of. I served notice because of it, and he chose to leave early and also collected his deposit back and un-used days he'd paid for.
The checks were not illegal neither. I'm amused everyone keeps on saying that they were.
I have included the link below for companies, but if not, can you show in law where this would be necessary or proportionate for the (now broken) contract you hold with your lodger?
https://www.gov.uk/find-out-dbs-check
In short, yes, I am serious unless you have been threatened (which still wouldn't require this check, it would require a police call) or there is something regulated going on within the property that you have not mentioned in this thread.
As a court claim would take 1.5 days of salary to earn, I am still sure the money to you would have been forthcoming and therefore there is no issue with this, and withholding any threats, am sure there was no need for you to invade the privacy of your lodger beyond the fact there was not a danger to you and the rent could be paid.
If it's found to not be reasonable, you may have a claim against your employer.
Once again, in many years dealing with the rental market (as just about everything but a tenant or agent), I have never seen this term included.
If you are a foster carer, speak to your social worker. If you're a police officer, speak to your fed rep. If you're neither, seek legal advice is going to be where I'll leave this for you.
It's possible there is information missing, however I've given the 2 most common scenarios I can think of from the missing information. It's upsetting that you don't believe someone in work, even with criminal convictions, should not have somewhere to live as a result of checks that should have been done before signing contracts not being done.
I have attempted to help as best as I can given the sensitivity of the situation and that a third party may be acting unlawfully in this situation, taking this into account.I've sold my signature spot as an NFT.5 -
themastergoose said:CKhalvashi said:Andthen07 said:CKhalvashi said:themastergoose said:CKhalvashi said:Andthen07 said:CKhalvashi said:Giddypip said:themastergoose said:pjcox2005 said:Preface it with no experience in this area but stumbled across thread.
My reaction would be to laugh, acknowledge letter and say happy to meet in court. Call the bluff and leave it as that.
On points 2) and 3) these fall flat straight away. My understanding is that lodgers aren't within the tenancy protection rules (see link here Lodgers - Shelter England - assumption you are in England so apologies if mentioned elsewhere you're not) and no judge is going to have the view that a basic lodger would have food, washing and anything else they want to be included.
Point 1) is going to fail I'd expect particularly given the failure to disclose background. Lodgers have less protection on eviction but you would want to check terms within the 6 month agreement you got them to sign. I presume they'd be a clause in there that you can evict with reduced notice.
Best of luck.
A reply, however brief and to the point, would be essential to negate any potential claim at the pre-court stage, as long as it makes the actual rights clear.
I'm unsure, even with the lodger leaving, why OP as a businessperson in this case (as whatever OP may feel, this was a business transaction on their part) feels it's correct to not make checks before signing a contract, making them after, and then from what I can see pressuring the lodger to leave. The checks made may or may not be legal, therefore furthering the claim.
I am of the opinion here that something is owed, which is somewhere between the £0 that OP believes and the 5 months the lodger is claiming for.
As I've stated, a 6 month contract was signed, it's highly possible that as a result of illegal searches being made on the lodget that contract was broken under pressure.
There may therefore be a claim, however taking this thread at face value and piecing together the rest, I'd go with there being a breach under pressure on your part.
Your lodger would have a reasonable right to privacy, which you have not respected, especially as I can see there have been no threats towards you and no expectation of such.
I am therefore still of the opinion that something between £0 and 5 months rent may be owed as a result of what's been implied here.
That would be fine had he not intentionally lied. See the issue?
The fact the credit and DBS check was going to be carried out wasn't hidden or done in secret. He even had the option on the DBS check to actually withhold sharing the result as I know it's asked, it also has a declaration on who it's shared with and they choose some, one, all or none. He consented to all, and my argument is he knew at that point I was going to find out despite declaring earlier he had no un-spent convictions.
Really don't think he's got a case, and I'm now determined to just tell him to take it to court. His actions voided the contract through dishonesty and being opportunistic.
https://unlock.org.uk/advice/private-rented-housing/
I don't have any criminal convictions and don't rent, so can't confirm from experience, but your actions are not a standard practice I've seen when renting a property or room. A credit check for this purpose would generally be ok however.
Checks on criminal records can only be completed in certain circumstances, and I don't believe (but as you are protesting I'm wrong have asked a property professional who will probably get back to me tomorrow) that lettings is one of these exceptions.
In any event, a 6 month contract was signed and the lodger moved in before any concerns were raised via your further checks, with no evidence that the history would be aimed at you. Even if these were legal (which I believe it wasn't unless something else regulated was going on within the property), this should have been done before move in (or even more preferably via a separate contract before the license agreement was signed) to keep you in the clear.themastergoose said:CKhalvashi said:themastergoose said:CKhalvashi said:Giddypip said:themastergoose said:pjcox2005 said:Preface it with no experience in this area but stumbled across thread.
My reaction would be to laugh, acknowledge letter and say happy to meet in court. Call the bluff and leave it as that.
On points 2) and 3) these fall flat straight away. My understanding is that lodgers aren't within the tenancy protection rules (see link here Lodgers - Shelter England - assumption you are in England so apologies if mentioned elsewhere you're not) and no judge is going to have the view that a basic lodger would have food, washing and anything else they want to be included.
Point 1) is going to fail I'd expect particularly given the failure to disclose background. Lodgers have less protection on eviction but you would want to check terms within the 6 month agreement you got them to sign. I presume they'd be a clause in there that you can evict with reduced notice.
Best of luck.
A reply, however brief and to the point, would be essential to negate any potential claim at the pre-court stage, as long as it makes the actual rights clear.
I'm unsure, even with the lodger leaving, why OP as a businessperson in this case (as whatever OP may feel, this was a business transaction on their part) feels it's correct to not make checks before signing a contract, making them after, and then from what I can see pressuring the lodger to leave. The checks made may or may not be legal, therefore furthering the claim.
I am of the opinion here that something is owed, which is somewhere between the £0 that OP believes and the 5 months the lodger is claiming for.
The lodger wasn't pressured to leave. He lied, end of. I served notice because of it, and he chose to leave early and also collected his deposit back and un-used days he'd paid for.
The checks were not illegal neither. I'm amused everyone keeps on saying that they were.
I have included the link below for companies, but if not, can you show in law where this would be necessary or proportionate for the (now broken) contract you hold with your lodger?
https://www.gov.uk/find-out-dbs-check
In short, yes, I am serious unless you have been threatened (which still wouldn't require this check, it would require a police call) or there is something regulated going on within the property that you have not mentioned in this thread.
As a court claim would take 1.5 days of salary to earn, I am still sure the money to you would have been forthcoming and therefore there is no issue with this, and withholding any threats, am sure there was no need for you to invade the privacy of your lodger beyond the fact there was not a danger to you and the rent could be paid.
If it's found to not be reasonable, you may have a claim against your employer.
Once again, in many years dealing with the rental market (as just about everything but a tenant or agent), I have never seen this term included.
If you are a foster carer, speak to your social worker. If you're a police officer, speak to your fed rep. If you're neither, seek legal advice is going to be where I'll leave this for you.
It's possible there is information missing, however I've given the 2 most common scenarios I can think of from the missing information. It's upsetting that you don't believe someone in work, even with criminal convictions, should not have somewhere to live as a result of checks that should have been done before signing contracts not being done.
I have attempted to help as best as I can given the sensitivity of the situation and that a third party may be acting unlawfully in this situation, taking this into account.
Either way I will respectfully withdraw as it's obvious that information required to make this decision will not be forthcoming.
I wish your lodger the best of luck in court.💙💛 💔0
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