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

Mutton_Geoff

Schwarzwald said:

Pretty unpleasant situation.

I’d be cautious how to approach the situation and aim at avoiding any situation that may become violent / big argument.

probably not an individual who’s looking for legal representation if you just chuck him out and exchange the lock, however, who knows if he retaliated somehow differently.

i guess I would try to come up with some standard reason why you need to give notice, dont even mention the background check, say your work requires you to leave for 4 weeks in 10 days and you need to give notice.

if that didnt work, i would make sure that you have somebody with you on the day you tell him why he needs to go etc. nobody likes to be called out a liar and usually enters a defence mode, and defense mode can easily start an argument, and arguments can spiral out proportion / become very very unpleasant, etc

i would terminate the lodger agreement but not call him out in the first instance

As they say, "never corner a fox".

SandyN21

Make sure you change your locks

lookstraightahead

Rosa_Damascena said:

Swipe said:

I couldn't think of anything worse than having a lodger. I really struggle when guests stay for more than a day.

Totally with you! Nor do I like spending the night under someone else's roof. I am used to suiting myself and that's the way its gonna stay.

Having said that, my musing during my walk today was who will find me when I'm dead

When there were lots of bombs and scares in London,  I remember a colleague saying no one would know til work on a Monday morning if she got caught up in anything at the weekends. 

lookstraightahead

My late mil had a lodger for years (a girl in her twenties) who used to tend to her garden, take her out for a drink etc. She was fantastic. When she left and another lodger came, she was lovely but kept herself to herself, which my MIL couldn't understand 😬. 

themastergoose

sourpuss2021 said:

A question, if I may, about letting your lodgers use the lounge.

Isn't that a bit uncomfortable in practice?

Do you sit and watch television together? "Anything on tonight?"  That would then mean you had to be really quite relaxed in each other's company.   (And might exclude members of the opposite sex who might not want to spend so much time with you).  Or do you take turns to use the room?

Would it be difficult to find lodgers if lounge access was not allowed?

So - What I do with lounge use is explain at the viewing it's occasional use only, as in - I have priority. Unlike the lodgers room which has a 55" 4K TV provided and Freesat, in my bedroom I do not have a TV in there.

I've never had an issue with any of my lodgers over using it every now and then when they say have their parents, children or a friend pop over briefly. Use of the TV down there is ok to watch Freesat, but I'll say something if they tried using my Xbox/Playstation, Gaming PC or the TV's built in (and subscribed) Netflix, Spotify and Prime Video accounts. Never been an issue tho with any of the lodgers I've had.

I've never sat in the lounge and watched TV or a movie with a lodger. Other than the last guy, previous lodgers have all been really nice and social to a point but do tend to keep themselves to themselves a lot of the time, but they also expect me to do the same.

And yes, in past experiences telling a lodger the room is not allowed at all resulted in a lot of failed viewings. I think most don't like the idea of feeling like they're having to stay in the room day in day out, and like the option. I have a big garden that I always mention, they can use the BBQ and Hot Tub that's out there - It's a good relaxation space. I'd imagine if you was taking in a lodger in a flat instead tho, the lounge might be more contentious.

But remember it's your house so you can set reasonable rules and limits. 

themastergoose

lookstraightahead said:

My late mil had a lodger for years (a girl in her twenties) who used to tend to her garden, take her out for a drink etc. She was fantastic. When she left and another lodger came, she was lovely but kept herself to herself, which my MIL couldn't understand 😬. 

Interesting. This depends a lot on the lodgers persona and also my own. I had one lodger a few years ago now try and act as if we were best mates almost immediately after moving in. He was nice and polite of course, but I actually found it a little uncomfortable especially when my actual mates did come over, he'd try and just join in as if I'd known him for years!

I'm naturally drawn to the keeping themselves to themselves type, as I'd like to maintain a semi-formal relationship whereby I'm still their landlord if you see what I'm saying. Everyone's different tho.

in_my_wellies

My son was a Mon - Fri lodger during a work placement. They had a lounge/dining room on the left of the kitchen and a small TV room with settee and coffee table for the lodgers to the right of the kitchen. 
When I collected him of the Friday the landlady came out to tell me that my son was the first lodger in about 10 years who had found a tablecloth, table mat, cruet, etc, and set the table in the dining room to eat his meal every evening. Then cleared away and gone to his room.  She said they had watched in amazement and hadn't had the heart to tell him to use the lodgers room. He continued to do this for all 9 weeks. 

As I grow older I'm more put off having a lodger, especially after reading stories on here

TBagpuss

I think it is down to what you are comfortable with.
I have had lodgers twice . the first time it was a friend of mine who had a nasty break up from a very unpleasant boyfriend, so it wasn't planned - she came to stay as needed somewhere urgently and then we discussed it and it made sense for both of us for her to stay on as a lodger. 
It was different as we already knew each other very well, so it was more like a house share than a typical landlord / lodger arrangement. (We did cook and eat together, shared the living room etc)

The second time I'd been thinking about getting a lodger to help me cover costs, when I met someone through a mutual interest who was looking for a short term place initially . I didn't know her but we had shared interests and a couple of mutual friends. 
We met up at my house and discussed what the expectations etc would be before she moved in. 

 My house at the time was quite small - 2 bedrooms, one bath and one living/dining room, so  we had to share. But she did tend to stay in her room most of the time - we did eat together or watch a film together occasionally . It probably helped that she worked remotely so was at home all day, so she had the full use of the living space and kitchen when I was out at work, so perhaps it was easier for her to then spend time in her own room in the evenings without feeling too cramped.

Her initial stay was for 6 weeks but then later she came back for a longer period and we did become friend - she eventually got her own studio flat near me and used to come round to feed my cat when I went away

I am fairly introverted and need time on my own, and i was very upfront about that when we met and discussed things. 

For me, the fact that it was for a specific, limited time to begin with was useful, and then the second time round it was easy as we both knew what to expect! 

A friends family used to take in lodgers and they always ate and socialised with the family, but the family was a very much of the 'the more the merrier' mindset and very extroverted and sociable . I suppose it's a case of trying to make sure that you have similar expectations.

themastergoose

Ok, so he's not intending to leave quietly in a sense. His mum hand delivered a "Letter before action" this afternoon, as he intends to take me thru the small claims court for breach of contract and misrepresentation. She personally stated that I'm "purely driven by greed and not fit to be a landlord".

So, the grounds of his case are as follows:

• 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 seeking 5 months and 1 week rent as compensation for 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 £4563 that he's asking for within 14 days, otherwise he's filing the claim and will add a further £205 filing fee and accrue interest on the balance being sought at £1 daily for each day after the filing, until a settlement is reached.

My first reaction is to tell him to **** off as the basis for the eviction was because he lied to secure the property in the first place. He was given notice also, 1 weeks notice as he pays rent weekly. He left early of his own choosing.

His deposit and the 2 unused days were refunded via bank transfer on the Wednesday 26/01/22.

So - Now what do I do? 

Andthen07

As lodger he is not very clued up on housing matters.

Boot them out if not already out, change locks and refer them to arkell v pressdram.