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

pjcox2005

Preface it with no experience in this area but stumbled across thread.

My reaction would be to laugh, acknowledge letter and say happy to meet in court. Call the bluff and leave it as that.

On points 2) and 3) these fall flat straight away. My understanding is that lodgers aren't within the tenancy protection rules (see link here Lodgers - Shelter England - assumption you are in England so apologies if mentioned elsewhere you're not) and no judge is going to have the view that a basic lodger would have food, washing and anything else they want to be included.

Point 1) is going to fail I'd expect particularly given the failure to disclose background. Lodgers have less protection on eviction but you would want to check terms within the 6 month agreement you got them to sign. I presume they'd be a clause in there that you can evict with reduced notice.

Best of luck. 

RAS

Did he sign a six month's contract?

themastergoose

RAS said:

Did he sign a six month's contract?

Yes he did... But his argument is based on having a tenancy. He wasn't offered a tenancy agreement. What he signed is clearly headed up as "Lodgers Licence Agreement".

Reginald74

Stick it in the bin, make sure the locks are changed and get on with life. This scumbag has hoovered enough of your emotional energy already. Sadly people like this mood hoover exist in life. Minimise contact at all. Only obey Court papers, which won't arrive.  

user1977

themastergoose said:

He's seeking 5 months and 1 week rent as compensation for breaking the contract early. 

How does he figure that's due, unless he had paid it to you in advance?

themastergoose

user1977 said:

themastergoose said:

He's seeking 5 months and 1 week rent as compensation for breaking the contract early. 

How does he figure that's due, unless he had paid it to you in advance?

Search me, and no - He'd not paid it in advance.

themastergoose

pjcox2005 said:

Preface it with no experience in this area but stumbled across thread.

My reaction would be to laugh, acknowledge letter and say happy to meet in court. Call the bluff and leave it as that.

On points 2) and 3) these fall flat straight away. My understanding is that lodgers aren't within the tenancy protection rules (see link here Lodgers - Shelter England - assumption you are in England so apologies if mentioned elsewhere you're not) and no judge is going to have the view that a basic lodger would have food, washing and anything else they want to be included.

Point 1) is going to fail I'd expect particularly given the failure to disclose background. Lodgers have less protection on eviction but you would want to check terms within the 6 month agreement you got them to sign. I presume they'd be a clause in there that you can evict with reduced notice.

Best of luck. 

Sound's reasonable. I'm aware lodger deposits don't have to go into a protected scheme, maybe he's not by the sounds of it. I'll reply simply stating that I'd be happy to let it go through the court process, as I don't think he's got any leg to stand on with this?

Giddypip

themastergoose said:

pjcox2005 said:

Preface it with no experience in this area but stumbled across thread.

My reaction would be to laugh, acknowledge letter and say happy to meet in court. Call the bluff and leave it as that.

On points 2) and 3) these fall flat straight away. My understanding is that lodgers aren't within the tenancy protection rules (see link here Lodgers - Shelter England - assumption you are in England so apologies if mentioned elsewhere you're not) and no judge is going to have the view that a basic lodger would have food, washing and anything else they want to be included.

Point 1) is going to fail I'd expect particularly given the failure to disclose background. Lodgers have less protection on eviction but you would want to check terms within the 6 month agreement you got them to sign. I presume they'd be a clause in there that you can evict with reduced notice.

Best of luck. 

Sound's reasonable. I'm aware lodger deposits don't have to go into a protected scheme, maybe he's not by the sounds of it. I'll reply simply stating that I'd be happy to let it go through the court process, as I don't think he's got any leg to stand on with this?

I wouldn't bother replying at all.

FreeBear

No legal requirement to keep the deposit in a registered scheme - If anything, doing so could confer a tenancy.

Being left "homeless" - Nope. He moved back in with his mum. If he applied to the council for housing, they would class him as "adequately housed".

Terminating the agreement early - Again, nope. He failed to meet the requirements (criminal checks), so any "agreement" would be void.

"All inclusive" - This might fly depending on the precise wording of the contract and the mood of the judge on the day. But how much toiletries & cleaning products would he have used in 3 weeks ?

Final point to consider - Is he working, and is it likely that he will have a spare £205 for the court costs ?

emmajones1976

Has he left your house yet?