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

CKhalvashi

theoretica said:

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.

Indeed, hopefully this is in writing/via text or email, but it is indeed covered, hopefully via the witness if not.

I therefore personally conclude there is nothing owed.

GDB2222

Given the lodger’s willingness to incur a quite large court fee, I wonder whether he has applied for remission of the fee?

https://www.gov.uk/get-help-with-court-fees

The op has details of his earnings, so can tell whether that application would be fraudulent?

ayupmeduck

anyone else think he is doing the same thing to someone else? Criminal fraudster maybe.

spoovy

What a nightmare for you OP. I'm no legal advisor but it seems to me you've done nothing at all wrong so I hope you get a good result.
My opinion though in case you want it, is that it seems like the only significant sum being claimed is the five month's rent, right? And there's no way he's getting that, which is one thing everyone seems to agree on.  The rest of the claim amounts to just a few hundred quid right?
That being the case (I may have missed something this thread is quite long) if I were you I wouldn't hire solicitors or do anything much. Defend yourself in court, you'll almost certainly win and even if you don't at least you haven't thrown good money after bad with solicitors fees or wasted too much time and emotional energy on it.

CKhalvashi

GDB2222 said:

Given the lodger’s willingness to incur a quite large court fee, I wonder whether he has applied for remission of the fee?

https://www.gov.uk/get-help-with-court-fees

The op has details of his earnings, so can tell whether that application would be fraudulent?

I don't think you can through MCOL though, I know you can on paper.

This may have changed.

Phantom151

ayupmeduck said:

anyone else think he is doing the same thing to someone else? Criminal fraudster maybe.

Smacks of a fraudster. The whole way the case has been put out suggests something a bit more professional than your average punter pushing their luck.

Ms_Chocaholic

Phantom151 said:

ayupmeduck said:

anyone else think he is doing the same thing to someone else? Criminal fraudster maybe.

Smacks of a fraudster. The whole way the case has been put out suggests something a bit more professional than your average punter pushing their luck.

Yes looking at it again I agree, with all the info in the advert he knew he would fail the requirements and so maybe this was all planned.

themastergoose

Phantom151 said:

SharkMoney said:

themastergoose said:

Afternoon all,

I took in a new lodger a little over 2 weeks ago. He come to view the room and was pretty upfront about not being able to pass a credit check. I asked why and he explained it was due to a marriage and joint debt's that ended in 2017 and he's got some default's but nothing recent.

I also stated that because of who I work for (and it's work from home a lot of the time - access to equipment etc), my employer requires a standard background check. He said that would be fine. He paid the deposit, agreed to pay went weekly in advance and was told very clearly and in writing that if the Credit or background check returns anything different it may result in eviction.

Now, I got the credit check pretty quick. True enough, several defaults on joint loans and nothing in the last 3 years. He picked up the keys and moved in while the background check that can take a few weeks comes back. This is where there is a problem.

He's got 13 convictions. Earliest was 2006, a Section 20 GBH charge that resulted in 32 months imprisonment. Then in between there's petty theft and shoplifting offences up until 2012 all with varying community sentences and fines. Most recently there's several very serious offence categories that have resulted in a suspended sentence of 36 months and two restraining orders issued in 2016 against a female and a child both still in-place until 2028 (from what I gather, this date is when the child has his 18th birthday). There's also a serious harm prevention order in place for the child also until 2028. Then there's a breach of said restraining orders in 2017 and he's sent to prison again for 36 months, plus a further 200 hours community work for whatever caused the restraining orders to be breached. By all account's, looks like he was released from prison in 2020, but isn't allowed any contact with what I am assuming is the ex and mother of his son, or his son himself.

It's almost trivial at this point but he's also been late paying the room rent on weeks 2 and 3 already, and did have a huge argument with me on Wednesday just gone about the fact I've a problem with him continually helping himself to coffee, milk, pasta, rice and crisps I buy. His reply was "your room advert said all inclusive". I called him a !!!!!! to assume that covered food in his eyes.

Now - I think it may be pretty obvious, but he didn't mention any of this during the application so should I serve notice given his very violent criminal past? My employer is recommending it, and I'm guessing I legally can so early on because he's not been honest. He doesn't yet know I know about his criminal past. He must have known this was going to come up, so how should I proceed with approaching him because I think he will become aggressive once confronted and will refuse to move out?

You took a risk and it backfired poor you

Are you the lodger?

I’ve always wondered if he’s seen this thread or not. Chances are low but it’s not impossible…

Mahsroh

Sorry I have nothing particularly meaningful to add other than to say I agree with others that this does sound like it was pre planned. For all the reasons everyone else has outlined plus the fact he was able to move in with him mum as soon as he moved out.

brianposter

Seems to me that the OP has a perfectly good defence. The defence to the housing association stuff is simply to ignore it, and say that it is not relevant if asked.