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

CKhalvashi

brianposter said:

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.

There is nothing illegal about subletting a single room in most circumstances.

There are issues regarding subletting an entire property, which isn't the case here.

BrownTrout

@pinkshoes you cant counter claim for time dealing with a claim. That comes under a costs  schedule ( should you win )

canaldumidi

Counter claim for lost rent that would have been guaranteed for 6 months from an alternative, acceptable, lodger?

saajan_12

I would not seek a solicitor - will only delay things while you look for one, explain the situ, etc. The costs are also not claimable from the ex lodger under small claims, and the money would be better spent as a settlement with the ex lodger. 

The facts haven't really changed on the first 3 points. With the new point on shared ownership, check your agreement, but 
- likely doesn't prohibit granting a licence to a lodger (which is not the same as subletting the whole or part of the premises). Indeed tenants who own 0% can still have a lodger. 
- even if it does prohibit xyz, that would be between you and the head LL, nothing to do with the ex lodger. Your agreement with the lodger was clear. 

TBagpuss

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?

He still seems confused about his status as a lodger rather than a tenant.

I think that the issues with regard to subletting would only be relevant if you were subletting the whole property or were subletting art but not living there yourself. It's possible that your tenancy might include requirements for you to get your landlord's permission or to notify them of changes to the household, but as far as I am aware, that's between you and your landlord, except in the narrow situation where someone is letting out the whole of their council house (which can be a criminal offence) 

As others have said, with this level of claim he would not be able to claim legal costs, he would be able to claim the court fee, if he was successful.
Interest can be awarded at the rate of 8% p.a. simple interest - interest on a debt can be claimed from when the debt was due, and would be set out in  the claim form, interest on damages is only normally payable if you don't pay within the time ordered by the court.

It would be worth checking your original agreement to see what it says about any requirement for notification or permission, and checking whether you have any legal cover which could get you some initial advice.

canaldumidi

TBagpuss said:

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?

It would be worth checking your original agreement to see what it says about any requirement for notification or permission,

Not even worth checking. Any requirements or restrctions regarding letting the property, subletting, granting of licence or other conditions are purely a matter between you and your landlord. Nothing to do with with your lodger, or your legal relationship with your lodger.

pretamang

If I were you I would also be considering my own claim for re-letting costs (if there are any?), the referencing costs (did he pay them or did you?) and lost rent between now and finding a new tenant.

themastergoose

Quick update if ppl are still following this. He’s declined mediation so it’s going to a full hearing at some date at the county court.

I can’t gauge whether he’s being serious and is going to attend and attempt a defence, or he’s spend the money and just longing this out to annoy me for whatever reason? I guess I’ll soon find out.

canaldumidi

Thanks. Keep updating us. Court will cost him more. Best of luck.

saajan_12

Indeed, please do keep updating. Hopefully people can advise you further if needed, and if nothing else will be a good insight into the process as lots of decisions are based on an expected court outcome without actually going to court.