my lodger is taking legal action against me. What to do?

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    #16
    Originally posted by Agne View Post
    I don’t think he can be classed as occupant a bone fide lodger under prevailing Law? But I am not entirely sure. He was in our home only 6 weeks.
    I see nothing in what you have said to say he was not a lodger.

    Comment


      #17
      Originally posted by Agne View Post
      They claim he had exclusive possession of his room of fixed-term agreement for 12month - street v Mountford 1985
      Breach of tenancy deposit protection, he wants a 3month deposit, total 450 pounds.
      Are you sure this letter is from a solicitor?

      Street v Mountford requires the exclusive possession of a "dwelling", not a room.
      Given that the occupant was sharing facilities with their landlord, it can't be an AST and the deposit regulations only apply to Shorthold Tenancies.

      Or the solicitor has decided to throw everything they can think of at the OP and see what he does.
      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


        #18
        I was surprised about that solicitors haven’t looked up/don’t know the difference between tenants and lodgers. However, the letter looks legit and I looked up the solicitors website and everything looks ok there!
        I will wrote to them email to ask to send me the copy of the letter electronically, so I can pass it to my solicitor( hope to find one after bank holidays)

        Comment


          #19
          They do know the difference, their first claim is that you are wrongly categorising the arrangement as a landlord and lodger when the truth is it's landlord and tenant.
          And then pretty much everything else follows from that.

          Which your own solicitor would deal with quite easily, and I'd expect the "lodger's" solicitor to advise their client that it's a dead end.
          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


            #20
            Originally posted by jpkeates View Post
            They do know the difference, their first claim is that you are wrongly categorising the arrangement as a landlord and lodger when the truth is it's landlord and tenant.
            And then pretty much everything else follows from that.

            Which your own solicitor would deal with quite easily, and I'd expect the "lodger's" solicitor to advise their client that it's a dead end.
            I hope it will end so easy.

            Comment


              #21
              Originally posted by Agne View Post
              I hope it will end so easy.
              Based on what you've said it's a hit and hope attempt, just in case you panic and pay up.

              Unless I've missed something or there's something missing from your account I agree with AndrewDod and there's nothing to suggest he wasn't a lodger.

              Most solicitors will discuss the case for free for a short while so they can tell you what they're proposing and quote you what they'd expect the next step to cost you.
              I'd guess mostly by phone right now.
              Call a couple of local firms, people with offices on or above a high street, and see who they put you through to when you say you need to tsalk to someone about a property issue.
              Pick the one you like most.
              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


                #22
                Thanks, I will do that on Tuesday. Thanks for advice I really appreciate it.

                Comment


                  #23
                  Originally posted by Agne View Post
                  I am live in landlord and it’s my home since 2018. There are no locks on the doors. There was no verbal agreement that the room will be exclusive. I can access room anytime.
                  I have given him all his belongings back last week.
                  In the solicitors letter he is providing evidence of WhatsApp massages that we have sent him numerous links about covid 19.
                  Also there was massages that he demanded me back the full month pay and deposit, however he have deleted that since.
                  "There was no verbal agreement that the room will be exclusive". Look I've lived in many house shares over many years and I've never thought it would need to be said that you don't enter someone elses bedroom without blantant permission! I don't think you know how a personal feeling of security impacts someones mental health.

                  Comment


                    #24
                    Originally posted by Abstra616 View Post

                    "There was no verbal agreement that the room will be exclusive". Look I've lived in many house shares over many years and I've never thought it would need to be said that you don't enter someone elses bedroom without blantant permission! I don't think you know how a personal feeling of security impacts someones mental health.
                    A lodger cannot restrict access to "his" room. That does not mean people are not going to be mutually respectful. But the very essence of a "normal" lodger agreement is that either party can end the arrangement if they feel there is something wrong with it.

                    A house share is something completely different. But even in the case of a joint tenancy agreement house share there is NOTHING other than mutual respect to say that one sharer cannot enter the room of another (the same as I would not go rummaging in my own daughter's room without her permission - but it's not the law).

                    Comment


                      #25
                      Corona virus has done wrong not him. You've effectively thrown him out without notice by saying that to him, of course you have. By telling you he'd be back when he had a permanent place he's effectively told you he's homeless, because of you. You've caused this man serious issues related to his personal safety and security and you've called him a dirty infectious threat His reaction is tame. He had to leave of course but you should have apologised for the situation and helped him find somewhere, instead you've abused him and then you start making a fuss about a wardrobe, you should have given him the money for it. You only see things from your own point of view and are willing to use the law to beat someone vulnerable up.

                      Comment


                        #26
                        Abstra616,

                        ^^^That is just codswollop. The very essence of a lodger is that they are living in somebody's home and they do what that someone wants or they leave. It cannot be any other way in any civilised society. It is neither corona not the OP that have caused problems for this person. It is the government who have created a stultified fossilised housing market in which people are too scared to take a chance on potential tenants or lodgers under all sorts of circumstances including the current ones.

                        Most people are worried about dying (whether that is realistic or not is another matter). They are also worried about getting raped in their homes and all sorts of other things that are really none of your business.

                        Comment


                          #27
                          Abstra616,

                          If you read my story carefully than you would understand that mutual agreement was made that he has found solution he has where to stay and that he asked me money back for full month rent. I gave him money for full month rent+deposit+money for wardrobe! Plus his screaming that he hopes I will get corona virus and die doesn’t give me him any sympathy for him!

                          Comment


                            #28
                            Additionally I have never told him that he must leave immediately, I told him ‘as soon as you find something’ to leave! Which also can be seen in whatsap messages what is attached to solicitors letter. I think he deliberately went to leave somewhere ASAP to claim he is homeless and start the legal action against me. Also I can see the whatsap messages was screenshot on the spot coz I can see that I am typing on the chat photos! Looks like he planned this! I never gave him time when he need to leave I said to start looking coz we don’t feel safe while he is at home! Also I did offer help to look.

                            Comment


                              #29
                              Originally posted by Abstra616 View Post
                              Corona virus has done wrong not him. You've effectively thrown him out without notice by saying that to him, of course you have. By telling you he'd be back when he had a permanent place he's effectively told you he's homeless, because of you.
                              The landlord didn't give the person notice at all.
                              They asked them to leave "when they could".

                              It took the person two days to find somewhere else to stay and then they did a financial deal with the landlord which, in part, compensated them for the inconvenience.
                              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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