Lodgers left without notice

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    Lodgers left without notice

    I have 2 student lodgers, I am not at the property at the moment and their rent day recently passed and neither paid rent. When I enquired it transpires they have both vacated the property and are refusing to pay any further rent, their tenancy does not officially end until July. I have a 1 month deposit from each of them, but this still leaves me with 3 months of unpaid rent and the official notice period (being a student tenancy) is 11 months. One of the lodgers is ignoring me. The other has communicated that despite receiving his student loan his parents are facing financial difficulties and that he needs to retain his loan in case the family needs additional financial support. They have offered no payment plan and have suggested that 1 months notice should be enough and that I am being unreasonable given the current circumstances. I have told them I will take appropriate court action but they have now stopped responding. Where do I stand legally on this?

    #2
    I think you have to suck this one up. Yes, you are being unreasonable given the current circumstances.

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      #3
      But where do I stand legally? Whatever the current crisis, we still have a legally binding agreement, no?

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        #4
        Originally posted by hoolaholla View Post
        But where do I stand legally? Whatever the current crisis, we still have a legally binding agreement, no
        I don't know if you have a legally binding agreement or not.

        If they signed a contract saying they would stay there for a period, they may be in breach of that contract.
        However, you would be entitled to compensation for any loss, which seems to be nil, it's very unlikely that the unpaid rent would be considered a loss.
        A notice period of 11 months sounds unreasonable.

        If the individuals were lodgers, why are you not living there with them?
        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).

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          #5
          I was living there, but I have returned to the family home due to coronavirus. The house is now unoccupied, its alright for them to deny their responsibilities but I have a mortgage and without such a luxury. It is so unfair.

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            #6


            I am confused by your response, are you suggesting that demanding another 4 months rent as per our agreement is the wrong thing to do? Why is it wrong if this was our agreement?
            EDIT: This was in reply to Hamilton who deleted his reply.

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              #7
              It sounds to me that you are financially over-extended, if you do not have the money in the bank to cover such eventualities. I suggest you sell up, and readjust your expectation of what life owes you.

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                #8
                Originally posted by hamilton View Post
                It sounds to me that you are financially over-extended, if you do not have the money in the bank to cover such eventualities. I suggest you sell up, and readjust your expectation of what life owes you.
                That isn't terribly helpful advice. I am enquiring as to my legal position and not your personal and moral opinion.

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                  #9
                  Try and look at this with a positive angle, at least they have left the house allowing you to re-let it when you can. They are not sat in situ and refusing to pay rent which would be far worse.

                  I was always told by another landlord there is no point chasing people that leave and don't pay (but don't have any debt with you) it's wasted energy best spent re-letting the rooms/property.

                  The fact they are lodgers but you are not there may go against you if you decided to persue this in court (depending on the reason you are not at the property) and this may impact the legality of your agreement and the notice period required.

                  I would let it go they are young maybe even scared with the current climate, probably even more now you mention court action. I'm not sure where the deposit is held and if you hold this personally or in a deposit scheme and I'm not clear on the rules for a lodger (if this is a lodger agreement) so tread carefully with what you do re that.

                  I do not have any legal training this is just my personal view. Everyone will have loses in this current climate so as another poster said be kind where you can be. You are losing money that you expected to get not money you had so try and take some comfort that at least you can re-let when possible.

                  All the best Stew.

                  Comment


                    #10
                    You mention lodgers, you mention tenancy, yiu then call it a studemt tenancy.
                    you mention deposits, you mention living there but not at the moment.
                    I'm.confused. are they lodgers or tenants?
                    If you live there, then they are lodgers. And you shouldn't have given them a Tenancy Agreement. And what is a student tenancy? Is that the same as an Assured Short hold tenancy but for a year?
                    Do you pretend to live there ? Did you protect the deposit. No? Watch they don't try to get 3xthe deposit back
                    Let it go......be nice.....give them their deposit back.re-advertise on spare room and FFS give them a lodgers agreement if they are lodgers and not a Tenancy Agreement?

                    Comment


                      #11
                      Originally posted by hoolaholla View Post

                      That isn't terribly helpful advice. I am enquiring as to my legal position and not your personal and moral opinion.
                      Personally, I think you need to understand the legal difference between lodger and tenant.
                      Did you ask your lenders permission in writting to rent out 2 rooms? I know I'd be in breach of my mortgage conditions if I didn't, and that I would only get permission for one lodger.

                      I think you can chase them, for repayment, but life is too short. If you have the deposit withhold it in lieu of notice, but they might decide to fight you in court. And they might claim.the 3xdeposit back.

                      morally ? Go for good karma. Let it go. Life is strange at the moment.

                      Comment


                        #12
                        Part of me thinks that OP may be on the wind up with such a stupid post but part of me thinks why would anyone waste their time typing out a wind up post!
                        Is your mortgage lender aware that you have set up a tenancy with two lodgers? Is your mortgage lender aware that you have moved out of the property? Is your insurance company aware that you have moved out and left two lodgers tenanting the property?
                        Are you aware that people across the country and world are struggling financially?
                        Be thankful that they have paid up to date, keep the deposits and stop worrying about chasing people for money they don’t owe.
                        Move back in to the property, get the rooms tidied up and redecorated if necessary and start looking for some more lodgers or tenants or whatever it is that you think they are. You may be lucky and find some key workers looking for accommodation.

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                          #13
                          Thank you everyone for your replies. I haven't done anything illegal! My tenants have!

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                            #14
                            Your tenants might be in breach of contract, but they haven't done anything illegal.
                            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


                              #15
                              It's still not clear if they are tenants at all, or if they are lodgers.

                              Comment

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