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Witholding part of the deposit if lodger prevents access to room during notice?

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Comments

  • km1500
    km1500 Posts: 2,790 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 14 December 2024 at 2:56PM
    If there was no lock then a lodger was not have exclusive access to the room and you could go in whenever you want - being reasonable about it of course

    Because they have exclusive access and are paying you rent then they could easily claim.to have a sub-tenancy and they are not a lodger. If they did have a sub tdnancy and if they wanted to they could in fact stay until they left of their own free will or a court evicts them

    Furthermore if they were a tenant then you need to abide by all the rules of tenancies including putting their deposit in an approved scheme - failure to do so this has penalties.
  • theartfullodger
    theartfullodger Posts: 16,010 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 15 December 2024 at 12:24PM
    What will your losses be from being prevented from entry to his room during notice?  (As opposed to say damage or unpaid rent).  Absolutely nothing, so I humbly suggest you do the right thing and don't claim anything from his deposit (his money btw, not yours ..).

    Who selected his lodger?  You might have a claim against them....

    Regards, a 20 years plus landlord.
  • FlorayG
    FlorayG Posts: 2,210 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 16 December 2024 at 9:12AM
    No that would not be at all fair.
    I have a lodger, it's very normal not to show the room until the previous one has left (sometimes I do, but with my lodger's permission). Even without locks on the door it's the only privacy the lodger has so you should not abuse it.
    I agree with everyone who says you should not have locks on that door anyway - you HAVE to be able to have access, and your lodger agreement is much too complex and probably unenforceable anyway; plus it says The Deposit will be returned to the Lodger at the end of the Agreement, less any outstanding Rent or other sums or reasonable deductions properly made by the Landlord to cover any reasonable costs incurred with cleaning the Room or in connection with damage to the Property or items on the Inventory (fair wear and tear excepted).
    Not allowing access isn't mentioned
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