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

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  • Tranboy
    Tranboy Posts: 165 Forumite
    100 Posts Third Anniversary Name Dropper
    edited 9 April 2022 at 2:59PM
    I hope the OP is OK.  I was playing with the idea of a lodger, definitely won't be following it up now. 
    Lodgers stay under different rules and are easy to remove if problematic, if they share your bathroom and living spaces it is called an excluded tenancy, no court needed for eviction just period of rent paid so 1 month if rent paid monthly. If however they live in your home but do not share living spaces with you they get basic protection which will require a court order to get them to leave if unwilling.  Its all on the uk government website under rent a room in your home.
  • ayupmeduck
    ayupmeduck Posts: 224 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    Sorry I'm a little late updating this, but the conclusion from court was a little complicated. I'll outline each point of his case below, and the outcome:
    • Claim: Property is a shared ownership, so he's entitled to a tenancy. Seeking £250 in legal costs, £3 land registry fee, £380.91 in rent paid so far due to the contract offered being illegal. Total: £633.91
    • Outcome: Legal costs of £250 rejected, as the judge wouldn't honour awarding his legal expense in a civil case. Rent paid of £380.91 was upheld. He was told the purchase status/finances of the property don't automatically entitle any occupier to an AST. It was discussed with the next point however...
    • Claim: Signed a 6 month minimum agreement, and suitable notice wasn't given for eviction. Seeking 5 months and 1 week's rent as compensation. Total: £2876.92
    • Outcome: After much contention, this was upheld along with the above mentioned £380.91. The very short version of this result was because the judge stated the primary reason for eviction was due to his undisclosed criminal past. This is NOT allowed to be held against anyone when they are looking for a home, and carried far more weight behind it rather than the fact the ex-lodger also refused to pay any further rent once I'd uncovered the criminal record. Interest was added to this at 8%, backdated.
    • Claim: Landlord failed to place the deposit in a recognised protection scheme. Seeking £1650.
    • Outcome: Fully rejected, and the judge reminded the ex-lodger that I wasn't under any obligation to protect it as he's not on an AST.
    • Claim: The property was marketed as all inclusive, but the landlord in fact has lot's of exclusions. Seeking £37.
    • Outcome: Fully rejected. Very little was said on the matter other than "the landlord has provided what is legally required".
    • Claim: Filing fee of £455.
    • Outcome: Upheld. Interest was added to this at 8%, backdated.
    The judge was very quick to close the case by saying my accusations of the lodger stealing items weren't substantiated with any evidence in my initial response, or that he's refused to engage in mediation, and addressing them at the hearing adds prejudice to the claimants case and my comments were thrown out. He said the ex-lodger may be entitled to pursue a complaint with the police regarding the eviction being due to his own criminal past, for which I may have to answer if he goes ahead with that at a police station (I'm guessing I could also do the same for his violence and aggression?).

    Total due out of my pocket to the ex-lodger: £3868.03. To be paid to the court within 14 days or a CCJ is issued. I was reminded I have a right to appeal, but it doesn't delay the 14 days in which the payment needs to be made. Rather (as far as I've understood) if an appeal is lodged the court holds the money in the interim, but will still issue a CCJ and later rescind it if necessary. Seems counterproductive.

    Doubt I'll be appealing this as it will take more than 14 days to get the matter heard. A CCJ is vastly more damaging if issued, as I'd loose my job.

    The ex-lodger, mostly won. He played the victim card very well.

    next time get ALL checks back before allowing them to move in.
    Debt £7976 | Savings £350Aims: Buy first home 2026-8. £20k deposit
  • GrumpyDil said:
    Ouch. That's not good. Do you have more detail around the rent claimed as compensation as I really don't understand how you can be required to 'compensate' someone in such a way as to pay them compensation for a loss they have not incurred? 
    So this was because the original agreement ran for 6 months, but I stated it was dependent on clean credit and criminal checks. I ended the agreement because of his criminal record which I am NOT allowed to hold against him or use as grounds for eviction.

    The ex-lodger was fully entitled to stay for the minimum agreed duration and would have expected as such. His personal financial status facing eviction so soon after moving apparently caused severe distress and hardship, as he was being evicted for a reason that's not allowed to be held against someone. He's "served his time" and needs to be allowed to move on, or some other such crap.
    I've sold my signature spot as an NFT.
  • teachfast
    teachfast Posts: 633 Forumite
    500 Posts First Anniversary Name Dropper
    Sorry I'm a little late updating this, but the conclusion from court was a little complicated. I'll outline each point of his case below, and the outcome:
    • Claim: Property is a shared ownership, so he's entitled to a tenancy. Seeking £250 in legal costs, £3 land registry fee, £380.91 in rent paid so far due to the contract offered being illegal. Total: £633.91
    • Outcome: Legal costs of £250 rejected, as the judge wouldn't honour awarding his legal expense in a civil case. Rent paid of £380.91 was upheld. He was told the purchase status/finances of the property don't automatically entitle any occupier to an AST. It was discussed with the next point however...
    • Claim: Signed a 6 month minimum agreement, and suitable notice wasn't given for eviction. Seeking 5 months and 1 week's rent as compensation. Total: £2876.92
    • Outcome: After much contention, this was upheld along with the above mentioned £380.91. The very short version of this result was because the judge stated the primary reason for eviction was due to his undisclosed criminal past. This is NOT allowed to be held against anyone when they are looking for a home, and carried far more weight behind it rather than the fact the ex-lodger also refused to pay any further rent once I'd uncovered the criminal record. Interest was added to this at 8%, backdated.
    • Claim: Landlord failed to place the deposit in a recognised protection scheme. Seeking £1650.
    • Outcome: Fully rejected, and the judge reminded the ex-lodger that I wasn't under any obligation to protect it as he's not on an AST.
    • Claim: The property was marketed as all inclusive, but the landlord in fact has lot's of exclusions. Seeking £37.
    • Outcome: Fully rejected. Very little was said on the matter other than "the landlord has provided what is legally required".
    • Claim: Filing fee of £455.
    • Outcome: Upheld. Interest was added to this at 8%, backdated.
    The judge was very quick to close the case by saying my accusations of the lodger stealing items weren't substantiated with any evidence in my initial response, or that he's refused to engage in mediation, and addressing them at the hearing adds prejudice to the claimants case and my comments were thrown out. He said the ex-lodger may be entitled to pursue a complaint with the police regarding the eviction being due to his own criminal past, for which I may have to answer if he goes ahead with that at a police station (I'm guessing I could also do the same for his violence and aggression?).

    Total due out of my pocket to the ex-lodger: £3868.03. To be paid to the court within 14 days or a CCJ is issued. I was reminded I have a right to appeal, but it doesn't delay the 14 days in which the payment needs to be made. Rather (as far as I've understood) if an appeal is lodged the court holds the money in the interim, but will still issue a CCJ and later rescind it if necessary. Seems counterproductive.

    Doubt I'll be appealing this as it will take more than 14 days to get the matter heard. A CCJ is vastly more damaging if issued, as I'd loose my job.

    The ex-lodger, mostly won. He played the victim card very well.

    next time get ALL checks back before allowing them to move in.
    Read the fourth bullet point. 
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think I remember that your work got you into this mess?  I would be firmly asking for their support...
    Did the judge quote any legislation about not being able to hold his criminal record against him?
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
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