Lodger - Security Depoist

Tom1985UK

I took in a lodger in my home a few months ago and the agreement is coming to an end. I have decided not to renew it due to the lodger's conduct. He was eating and using my food and food items which as a result made me buy things again and spend more on food. Repeated communication and requests not to do so did not help and the behaviour continued. I also noticed some cutlery missing and when asked he pretended not to be aware of the same. He locked me out of my home at times by locking the door from inside and I had to knock and wait till the door was opened. There have been a number of agreement breaches including noise nuisance and annoyance to the licensor. My electricity bill skyrocketed since there was heavy kitchen usage and he was running washer and dryer for 5 hours every 3 days. The rent/license fee included all bills. He was abusive on occasions when I questioned him. Overall, it was a horrible experience. 

I had a written agreement with the lodger when renting out the room on license. I hold the lodger's security deposit and there are going to be some cleaning issues. However, I am wondering whether I can charge for the food usage and missing items and if it goes to a court whether the court will allow it. How can I strengthen my case? 

user1977

What's the value of these missing items? Is anybody likely to be going to court about it?

tacpot12

I think you will struggle if you go to court. The lodger could say that you took or misplaced the missing items. Similarly, the lodger could say you were mistaken about the food, and it would be for you to prove that they took it. It the absence of CCTV footage, I don't think you would win, and even then the value will be very low. 

I think you should focus on getting the lodger out. Make sure you give them the agreed notice. Try to have a friend around when you tell him you are ending his agreement, and also on the day he is due to leave. You might need to change the locks, and be ready to call the police if he threatens you. You might also need to arrange to store his stuff for a while if he leaves anything behind, so read up on the rules about looking after stuff for other people. Try to get his new address. 

Tom1985UK

user1977 said:

What's the value of these missing items? Is anybody likely to be going to court about it?

I am looking at £ 70 for cleaning due to mould formation in bathroom and room and dirty carpet. In addition, I am thinking of charging £ 90 for missing food and cutlery. 

Tom1985UK

tacpot12 said:

I think you will struggle if you go to court. The lodger could say that you took or misplaced the missing items. Similarly, the lodger could say you were mistaken about the food, and it would be for you to prove that they took it. It the absence of CCTV footage, I don't think you would win, and even then the value will be very low. 

I think you should focus on getting the lodger out. Make sure you give them the agreed notice. Try to have a friend around when you tell him you are ending his agreement, and also on the day he is due to leave. You might need to change the locks, and be ready to call the police if he threatens you. You might also need to arrange to store his stuff for a while if he leaves anything behind, so read up on the rules about looking after stuff for other people. Try to get his new address. 

Thanks. Communication was via email. He replied to the email agreeing to vacate on the due date. There are potentially no issues with him vacating. My only concern is with deductions on security deposit. 

sammyjammy

Just give him his security deposit and be grateful to have him gone, write it off to bad experience and learn from it, given your issues I am surprised you just didn't give him a weeks notice before the agreement ceased.

elsien

£90 for food and missing cutlery? Good luck with that.
in what way have you quantified and evidence that figure?
if you have another lodger  maybe you need to think of a reasonable use clause for utilities? Or point them towards the washing line. 

propertyrental

Not worth the agree and uncertainty. Be glad when he's gone.

Next time do NOT give a fixed term contract: rolling weekly, with 1 weeks notice either way. That way if things don't work out yu get rid easier/faster.

I hope the deposit did not exceed the amount permitted by the Tenant Fees Act (yes, it applies to lodgers too)..

Tom1985UK

propertyrental said:

I hope the deposit did not exceed the amount permitted by the Tenant Fees Act (yes, it applies to lodgers too)..

No. It did not. Yes, next time onwards I am going to use a break clause. 

Tom1985UK

What about cleaning costs especially concerned with the carpet and bathroom? Also, the person has not been cleaning after kitchen use.

I will try to negotiate by email to see if the person agrees to compensate for some of the cutlery and food usage. 

njkmr

Say goodbye and learn from it.