Returning Tenants deposit

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    Returning Tenants deposit

    Hi, This is my first time posting so forgive any mistakes I make!

    Our lodger signed a lodger agreement when he moved in 6 months ago. The contract clearly states that the 'tenancy' is for the duration of 12 months and that only us (the landlords) can terminate the agreement by giving him 4 weeks notice.

    He informed us four days ago that he will be moving out.

    The contract states that he will forfeit his deposit unless he provides us with another tenant of equal standards, and we agree on the choice.

    He found someone that says they want the room, but we will need to agree if we are happy with her moving in - this is our home after all!

    According to him, because he has found someone we need to return his deposit, but we have told him, that's not how it works! We need to be happy with the person moving in.

    Are we in the right? Or could he try and escalate this further (take us to small claims court)? any advice would be gratefully appreciated

    #2
    That is an indefensible clause, more suited to an AST, not a lodger Agreement.
    Return his Deposit..

    Comment


      #3
      I think that your agreement is unfair and even if any part of it is lawful, the tenant has fulfilled his part by finding a replacement. If you do not like the proposed lodger that is not his fault.

      I understand it is your home, but do you want to keep a lodger that does not want to be there? That could be awkward!

      Next time you take a lodger I would suggest your agreement is a little fairer - asking for a months notice perhaps.

      Lodger agreements give you, the home owner, considerably more rights than the lodger, you should respond by being fair with your terms.

      Comment


        #4
        There is a lot of difference between taking a lodger into your own home (on a lodger agreement) and giving a 12 month tenancy (AST) on a flat or house where you do not reside.

        I think you should read up on the 2. They don't mix and match.



        Freedom at the point of zero............

        Comment


          #5
          I'd never go with an agreement like that: Apart from being one sided, biased, unfair (in the legal sense) it would probably decided unenforceable if it ever went to court.

          Plus it gives a very strong message to your esteemed lodgers that you run an unfair service... guess how'd they react?

          Further, landlord having to give 4 weeks in all circumstance is unwise: You need to be able to evict much faster if there is unlawful acclivity, bad behaviour etc etc..

          Get a lodger agreement that's fair & decent, good old British values!
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Originally posted by daisydee View Post
            Our lodger signed a lodger agreement when he moved in 6 months ago. The contract clearly states that the 'tenancy' is for the duration of 12 months and that only us (the landlords) can terminate the agreement by giving him 4 weeks notice.
            ...
            Are we in the right? Or could he try and escalate this further (take us to small claims court)? any advice would be gratefully appreciated
            No.
            And if the tenant escalates it to a court, they'd almost certainly win.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment

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