Lodgers and settlement of outstanding bills - Scotland

Docmartin2259

Hello 

I'm  really looking for some support. I feel under a lot of pressure.

I have two lodgers in my home who have given in their notice to leave under the terms of the agreement (Early June)

There are outstanding settlement of bills (gas and electricity) my agreement provides for an upfront contribution to bills to a fixed amount and then provides additional clauses to say any further usage is reviewed on the basis of the bills; split out and to be paid in full.  

During their exam period (Jan Feb March) they worked from home, used a massive amount of gas and elec. So much that it  surpasses each of their deposits. 

I have asked for their share of the split of the bills to be paid. One is flat out refusing to pay; the other is saying he needs to talk to mum and dad. The lodger who has said they want to talk to mum and dad before paying is due to make some payment (complete set of gas bills) by tomorrow morning.

In the meantime I took some free legal advice and the solicitor (Scotland) says they feel the contract is reliable and nothing unreasonable in the terms. Confirms that they are in breach under the licence and a reasonable way forward would be (if no further contribution to bills is forthcoming) to give them 7 days notice to leave and retain their deposits. 

My main issue at the present is that they want to have a meeting together with me at short notice. Each lodger is in a different position with respect to the outstanding sums owed and they are not on a joint agreement. I do not want to go ahead with a joint meeting. Its two against one. I'd rather proceed separately with each lodger and then only in writing. 

The final rent is due for one on April 23 and the second April 29th. I'd rather not agree to 'a chat', or to be told after the chat that xyz was agreed and witnessed by the two lidgers mutually supporting each other. 

DocMartin2259



 

comeandgo

Well if you want one to one meetings tell them that you will do the meetings individually.  Is there someone who can sit in with you just to give you moral support as you seem rather nervous of these meetings.

theoretica

Docmartin2259 said:

The final rent is due for one on April 23 and the second April 29th. I'd rather not agree to 'a chat', or to be told after the chat that xyz was agreed and witnessed by the two lidgers mutually supporting each other. 

That would seem a case for telling them it will be recorded. 

sourpuss2021

How much extra on the energy bills are we talking about?   

I also live with a student lodger who is home a lot.  My variable gas /electricity bills were £255, £245 and £232 in January, February and March, before the deduction of the £67 government credit.  This takes my average over the year to £150pm.  

Even so, there’s no way any extra usage I might pin on the lodger could have used up their deposit - which is a month’s rent.  Are your figures wildly different?  Did you just take one week’s rent as deposit?

And are you able to prove how much of this cost is down to the lodgers?  When you were out, did they have control of the thermostat and whack it up to 24c?

propertyrental

Please quote the contract terms in full.

Please provide full details of gas / electricity usage (Kws, not £!) over the period in question and the equivelant period last year.

Ryan_Holden

If you don't want to have a meeting with them 2 on 1, then don't. It's your home, they have very limited rights anyway if they are proper lodgers with a licence agreement.

In your shoes, I'd just tell them that their situations are not the same so you will have separate meetings with each of them. 

You could record the meeting on your phone voice recorder, I'd recommend this. I don't even think you need to tell them if you're doing it in a shared space in your home.

I think you should also prepare yourself for the likelihood that they are going to say they're not able or willing to pay. I'm not sure what the steps after would be, I imagine if you have the contract that it would be something you'd take to small claims. But your issue I would bet my bottom dollar will be on proving that they caused the usage issues.

Sounds to me like, for reasons of your own sanity, it might be worth considering taking their deposits and if they don't pay, cutting your losses.

I sympathise as I'm going through something similar where a lodger's circumstances have changed and so I'm having to seek more money to pay for the vast amounts of energy he's using now he's home.