Lodger lied during application, outcome on page 29...!

Slinky

He can claim the MCOL filing fees if successful. I've successfully done this in the past with non-paying customers.

carefullycautious

I don't think you are doing yourself any favours with the level of detail you had posted. Your first post really does not need this level of detail and now that your have posted your property details it would not be too hard for someone to realise who you are talking about. Not good!!

especially with a court case looming

youth_leader

No advice, just to say I'm very sorry this has happened, and I wish you to the best of luck going forward. 

SavingPennies_2

Sounds calculated and odd he'd go for a property that clearly states a criminal check will be done,can't help but wonder if he's done this before... good luck OP.

Skiddaw1

I agree. Strikes me he's got previous form. So sorry OP- what a nightmare...

BrownTrout

If you use a solicitor then you will be unable to claim those costs back on the small claims track
I recommend using https://www.smallclaimsadvisor.co.uk
He is isnt a solicitor but he does a lot of small claims stuff and is well known in parking court claim circles and can appear for you in any hearing.He posts on here as @bargepole. I have no connection to him/his firm

BrownTrout

themastergoose said:

GrumpyDil said:

Interestingly the filing fee is correct as his claim is now in excess of 5000.

For some reason I can't paste the link but Google it. 

If you have legal cover on your home insurance might be worthwhile speaking to them but the fact he has filed a claim doesn't make it any more likely he'll win.

If he has genuinely filed a claim then note the time limits both to acknowledge the claim and then file a defence.

All people here can do is provide opinion. My opinion is that requiring you to register the deposit with one of the deposit protection schemes has no legs as this cannot have been a tenancy as he was sharing the property with you. As previously stated it was a lodger arrangement. 

He also can't claim for rent he hasn't paid you so that element is straight out of the picture.

Basically you need to defend this and I would make sure you include a claim for the time you spend dealing with this. Note you cannot generally claim legal fees in the small claims track 

It's 14 days to acknowledge it says online, and you can request a further 14 days to file defence which I have requested. I've got 28 days to complete all paperwork it says. I wasn't aware you can't claim legal costs but he has done, so I'll bring that up?

Correct not on the small claims track ive posted a firm i can recommend and is known on the parking ticket forum
You will find a solicitor expensive in a proportionate sense. Dont panic or rush and see the link above.

theoretica

Google tells me many shared ownership properties are fine with lodgers (more have an issue with tenants!).  Do you have an employee assistance scheme available to you? 

He did see the contract with the laundry and cleaning charges (at either 'I don't really want to do this' or 'get a cleaner in specially' level) before moving in?

CKhalvashi

You won't be able to claim expenses for a solicitor. Find out who your Councillor for housing is (I can find it for you if you PM me the district/borough you're in) and see if they can assist in representing you. Those with a housing speciality generally are very good at assisting in such cases.

I am not legally qualified, but have experience in housing-related matters (although in honesty, not with a situation such as this), but feel making the below points will be helpful for you to consider, even if you don't use them in court.

In short, he could have been asked to leave with a reasonable notice period. As rent was paid weekly, this would have been one week. It may be worth attempting to counter this to him, ensuring this is without prejudice and in writing at all times (you'll need a specialist letter for this which I'm more than happy to help with), but I fully understand if you feel you don't want to.

themastergoose said:

So I have an update. I called his bluff last week, acknowledged his LBA and stated that I didn't believe he has a case. Today, the I receive a letter from the county court outlining his intentions (with one potentially very serious detail added that I'll cover below) and I'm invited to go to a website called Money Claims Online and provide a formal response, evidence and whether or not I prefer mediation before a court hearing if I contest it. It also has an option to simply just agree to pay the amount.

He's added on a further claim from the LBA. He's carried out further checks and uncovered that the property is a shared ownership (It is a shared ownership. Ratio is 81% to me, the company who built the property own the remaining 19% and reducing). He's gone on to explain that because I am paying part mortgage and part rent, I have no legal right to "sublet" as he put it, UNLESS he's offered a tenancy and I can also prove that the mortgage lender AND the house builder agreed to part of the property being rented out.

Because I am "renting" part of the property, he by extension must be offered a tenancy rather than a lodgers licence. He's claiming false advertising & deception and believes the entire agreement offered is illegal. He's asking for a further £250 in legal costs incurred (statement provided), £3 land registry check fee and a further refund of the rental money paid while he was here (£380.91).

This is in addition to his other points:

• Signed a 6 month minimum agreement that the landlord ended without appropriate notice being given. I was left homeless without notice.
• Landlord failed to place the deposit in a recognised protection scheme as required by law.
• The property was marketed as all inclusive, but the landlord in fact has lot's of exclusions and hidden extra costs not disclosed originally. Not exhaustive, but there's no basic consumable's and toiletries provided, no cleaning provisions and landlord wants to charge an additional £50 monthly for a towel and laundry service if I want it. The cost is manifestly expensive, possibly exploitive - and should be included as per the original advert.

He's still seeking 5 months and 1 week rent as compensation for me breaking the contract early. A further 3x his deposit amount for not using an approved scheme, and lastly £37 for a towel bundle and laundry detergent he had to supply "because I refused".

Total value of the claim is now at £5651.91 that he's asking for a decision on within 28 days. This includes the filing fee which is now £455 for some reason, and still intends to accrue interest on the balance being sought at £1 daily until a settlement is reached.

I think I need a solicitor at this point?

Going through the points above;

From the top bold part, you would normally (and I assume you've checked) have the right to sublet part, but not all of the property. It may be worth speaking to the Housing Association to have confirmation that this was ok (as there's no reason from anything you've stated it wouldn't be).

From the part in italics below this, your contract with him stated that there would be a sharing of common areas, which would make him an excluded occupier. More info here.

From the first bullet in bold, I agree that appropriate notice potentially was not given, however that would surely limit his claim to what the reasonable notice part was, which in the case of rent paid weekly would be 1 week.

From the second bullet in italics, as an excluded occupier, this part of the Landlord and Tenant Act would not be applicable.

From the third bullet in bold, as far as I can see, all costs were made clear up front with regard to a reasonable cleaning and laundering service and are clearly stated in the contract. If you can find professional cleaning agency for £12.50/hour (assuming 1 hour/week), please let me know. Average freelance rates in my area (Essex) are £15-20/hour. If you don't want to pay for service, don't use it.

I believe this case is largely unfounded and that the reality a maximum of £126.92 would be owed by yourself, but equally this number could be as low as £0 if you can convince a judge he left of his own accord having been given reasonable notice to sort somewhere else to stay, as it appears he has done this.

Edit: He shouldn't be able to claim for legal costs and he should know this if he has in fact sought advice.

theoretica

CKhalvashi said:

From the first bullet in bold, I agree that appropriate notice potentially was not given, however that would surely limit his claim to what the reasonable notice part was, which in the case of rent paid weekly would be 1 week.

[...]
I believe this case is largely unfounded and that the reality a maximum of £126.92 would be owed by yourself, but equally this number could be as low as £0 if you can convince a judge he left of his own accord having been given reasonable notice to sort somewhere else to stay, as it appears he has done this.

themastergoose said:

I've confronted him about it an hour ago now, making sure I had a mate here also first so it wasn't just me and him. He didn't argue as I expected and I served notice of 1 week as pays week to week. I stated his dishonesty when asked about the offences and the severity of them can't be overlooked. Again, he's not argued back and asked if he leaves earlier than the week's notice will he be refunded for unused days. I've agreed to this, so I think he's going to go quietly as he wants the part refund and deposit back.

Seems that covers the notice issue - and there was a witness.