Court claim filed against me by ex-lodger

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    Court claim filed against me by ex-lodger

    Hi,
    I have very recently received a claim from the small claims court for my ex-lodger's "deposit" refund. When he moved into my spare room I offered a tenancy agreement but we decided it was not necessary and he was happy to proceed on a verbal, friendly arrangement. We agreed he would give me a month's notice if he wished to move out. He paid me 2 month's rent upfront and always paid rent in full and on time....perfect lodger I thought! One evening he told me he was moving out that weekend. I reminded him that we agreed to a month's notice and he was happy with this. He told me I could use the month's rent in lieu of the nothice period. I worked out that he had slightly overpaid rent and was due a small amount back (£50). I was due to give him a cheque on the evening that he moved out but he collected the last of his things during the day and left no forwarding address.

    Next thing I hear is a court claim for the deposit plus interest and court fee!

    I’d be very grateful on any advice on where I stand with this.

    #2
    As there was only an oral (not verbal!) agreement, and he was only a lodger the law of landlord and tenant doesn't apply.

    As he didn't give any forwarding address you couldn't contact him anyway (what about a moobile?).

    I would defend the action in that you were assured you would receive a months notice from him under an oral contract agreement in common law.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      Originally posted by Paul_f View Post
      Your defence should be that as there was only an oral (not verbal!) agreement, it's your word against his.
      That is not a defence!

      If there was an oral agreement, then the agreement itself (ie: for one month's notice) is the defence. The fact that proving the terms or existence of an unwitnessed oral agreement comes down to one party's word against the other is simply a matter of evidence for the Court to rule upon. Oral agreements are pleaded and proved all the time and it is "bloke down the pub" type of advice to advise someone to plead "your word against his" as a substantive defence.

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      I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

      All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

      Comment


        #4
        I think you will find I was amending my wording whilst you were posting!
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

        Comment


          #5
          Originally posted by Paul_f View Post
          ....you couldn't contact him anyway (what about a moobile?).

          .
          There'd be no point contacting him - he'd only give them some old cock and bull story.
          Health Warning


          I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

          All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

          Comment


            #6
            Originally posted by agent46 View Post
            There'd be no point contacting him - he'd only give them some old cock and bull story.
            A rather cowherdly attitude.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Originally posted by jeffrey View Post
              A rather cowherdly attitude.
              How cud ewe?
              Health Warning


              I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

              All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

              Comment


                #8
                Looks like he's trying to milk you for all he can?

                Comment


                  #9
                  Originally posted by housed View Post
                  Looks like he's trying to milk you for all he can?
                  Oh, pull the udder one, it was there in black and white!!
                  Health Warning


                  I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                  All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

                  Comment


                    #10
                    Originally posted by agent46 View Post
                    Oh, pull the udder one, it was there in black and white!!
                    The white is cafe ole! [complex French/Spanish pun- sorry.]
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                      #11
                      Originally posted by jeffrey View Post
                      The white is cafe ole! [complex French/Spanish pun- sorry.]
                      That's a double pun, which is actually quite clever, so I'm not sure I can (gold) top it.
                      Health Warning


                      I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                      All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

                      Comment

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