Lodger demanding deposit back when left without notice - advice please

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  • Lodger demanding deposit back when left without notice - advice please

    I had a lodger who moved in 10 weeks prior to leaving the house we both lived in with no notice whislt I was away for the weekend.

    We had both signed a spareroom.com lodging agreement with a 4 week notice period.

    9 days prior to disappearing he missed the rent and said his ex had spent the mortgage money so he had to pay it twice. Could he pay in a week... We had a chat and I said it was fine. He didn't pay a week later but I was away and returning 2 days later. I trusted there was an issue so would speak when I got back. On the way home I got a text saying he had to leave and he thought we were both feeling a but uncomfortable. He said for me to keep £200 (day by day he had stayed for £160 of that) of the deposit and return him the rest.

    I emailed him the contract pointing out we had both signed it to give 4 weeks notice. That meant he owed over £650 and when I received the monies I'd pay the deposit back.

    He then sent threatening messages and that I would hear from his solicitor. I got a letter from his solicitor claiming breach of misrepresentation. Said I had formed a relationship with a male who stayed regularly (fact is he stayed 2 nights in 10 weeks) and that a family member resided at the property for 2 weeks (fact 10 days but I have texts saying that a family member would stay for 10 days every couple of months and he responded that he totally understood by text). No other person came in the property (no friends) in 10 weeks he was there.

    The solicitor has said I confined him to his room and excluded him from public areas we agreed which is a total fabrication.

    Since the solicitors letter I've had a text saying he is taking it public, I am stealing, any advice I get is wrong etc..

    I have had a friend who was a very good solicitor before she changed career write a rather strong letter but another friend who is a barrister says as neither party gave notice that I will lose in court and should pay the money. I took his text as notice obviously and the fact he had disappeared! I am so angry and so stained by his behaviour that I don't know of I can welcome anyone into my home again to Iive here so I don't know if I can even earn money through lodgings again in the future.

    Anyone had any experience of anything similar? Lodger doing a moonlight flit, leaving you high and dry and having to pay them their deposit back? Taken to court and the outcome?

    Thanks in advance.

    Hayhurst

  • buzzard1994
    replied
    By my reckoning he owes you 6 weeks and 2 days rent - possibly more depending on what exactly was spelt out about when notice starts. Tell him that and if his deposit was more than that refund the difference. If it was less than that inform him that you will retain the full amount and if he wishes to go to court you will sue for the balance. I guess he's claiming breach of contract and misrepresentation but he'd have to prove that.

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  • Interlaken
    replied
    I can't imagine how him 'taking it public' will gain any interest from anyone. This is an everyday spat unfortunately.

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  • MdeB
    replied
    Originally posted by Hayhurst View Post
    another friend who is a barrister says as neither party gave notice that I will lose in court
    That just sounds so wrong...

    Originally posted by Hayhurst View Post
    I got a letter from his solicitor claiming breach of misrepresentation. Said I had formed a relationship with a male who stayed regularly (fact is he stayed 2 nights in 10 weeks) and that a family member resided at the property for 2 weeks
    It is your home.
    Did the agreement say you would not have anyone else staying in YOUR home?

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  • DPT57
    replied
    Are you sure the letter is from a solicitor and not just a mate? Breach of misrepresentation is a meaningless phrase and sounds made up. If he left without notice and the agreement you signed gives you the right to recovery of those funds from the deposit, then just calculate the amount he owes you and refund any difference and tell them you'll see him in court.

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