Letting to lodger: what Agreement form/wording?

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    Originally posted by International Hamster View Post
    Not quite. The lodger has decided he doesn't have to pay rent for this last month and use deposit in leiu, something that I have not and will not agree to. As far as I am concerned, if he and/or his stuff his still here, he pays rent or leaves and takes his stuff with him.

    I have no idea if his absence will continue or even if he will turn up tonight, but so far this is out of his normal behaviour pattern and he has made no effort to let me know what he is doing, when I have been nothing but upfront with him.

    My question is, as the lodger has not paid rent, can I evict him on a week's notice, when I have no means to contact him other than leaving a letter in his room, and put his stuff in storage, most likely wrapped up in bin bags in my shed, for him to pick up whenever he decides to make an appearance?



    Well that's good news as my primary thought is keeping him out so I don't have to worry about malicious acts or further intimidation.

    If I do wrap his stuff up in bin bags with reasonable care and put this in the shed, which the lodger considers secure enough to store his £1000 bike in, surely this is a reasonable storage arrangement? Even if I charge him standard self-storage fees he might even be in the ironic position where he could get some of his deposit returned.

    Thanks for your quick replies guys.
    If you keep his stuff in safe storage, that is OK. Your problem will be if he disappears completely and you are stuck with it - that's wehere the threads on abandoned goods will help.

    Have you checked hospitals or his next of kin in case he has been injured or is very ill?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      Originally posted by mind the gap View Post
      If you keep his stuff in safe storage, that is OK. Your problem will be if he disappears completely and you are stuck with it - that's wehere the threads on abandoned goods will help.

      Have you checked hospitals or his next of kin in case he has been injured or is very ill?
      I don't even know if he has any next of kin, let alone have any details. My actions are based on the likely situation that he is doing what he likes and will turn up to collect his stuff, but if it does transpire that he has a genuine reason I will be more understanding. The whole problem is I'm having to guess what is going on.

      If he had told me his intentions like an adult rather than just disappearing, this situation could have been avoided. If he desperately wanted to avoid paying rent and my assumption is correct that he is staying somewhere else for the month to avoid contact, he could have put his stuff in storage for less than £100 and actually saved money!

      Comment


        Resident L shares property with lodger: orally-agreed

        I have a AST for 12 months and have been subletting a room to someone on a verbal agreement only. They left owing 2 months unpaid rent, 1 months notice and several hundred pounds in damages.

        I have been advised by a solicitor to invoice them (which i have done) After this we will do a 'letter before action' and then assuming he hasnt paid up, issue a small claim.

        My questions are:

        1. I assume he is classed as a lodger? (and therefore has almost no legal rights?)

        2. Does this mean, I didnt need to protect his deposit and am therefore not liable to any counter claims under DPS?

        3. Its possible that I might be deemed as subletting and my lease states this is not allowed - will this affect the validity of my case?

        4. I read somewhere that if you've paid 3 months rent upfront as deposit (which i did as part of my AST) then you may be allowed to sublet?

        5. Do the emails and texts I have from him promising to pay the rent (which was always in cash) that was owed mean a judge is more likely to believe me than him?

        Please help - I know Ive been stupid and foolish and have learnt my lesson but would really appreciate your help.

        Comment


          1. Yes, he was a lodger.

          2. No need to protect the deposit.

          3. No, it's not sub-letting.

          4 Dunno.

          5 Maybe.
          I offer no guarantee that anything I say is correct. wysiwyg

          Comment


            Originally posted by notchuffed View Post
            I have a AST for 12 months and have been subletting a room to someone on a verbal agreement only. They left owing 2 months unpaid rent, 1 months notice and several hundred pounds in damages.

            I have been advised by a solicitor to invoice them (which i have done) After this we will do a 'letter before action' and then assuming he hasnt paid up, issue a small claim.

            My questions are:

            1. I assume he is classed as a lodger? (and therefore has almost no legal rights?)

            2. Does this mean, I didnt need to protect his deposit and am therefore not liable to any counter claims under DPS?

            3. Its possible that I might be deemed as subletting and my lease states this is not allowed - will this affect the validity of my case?

            4. I read somewhere that if you've paid 3 months rent upfront as deposit (which i did as part of my AST) then you may be allowed to sublet?

            5. Do the emails and texts I have from him promising to pay the rent (which was always in cash) that was owed mean a judge is more likely to believe me than him?

            Please help - I know Ive been stupid and foolish and have learnt my lesson but would really appreciate your help.
            1) I would say he is an excluded tenant, and you are his resident LL. This is similar to lodgers rights.
            2) You did not have to protect his deposit
            3) *Probably doesnt matter; that's between you and your own LL
            4) See http://www.landlordzone.co.uk/forums...ad.php?t=13061
            5) Depends what his evidence is. You need to have an account of all his payments.

            * I'm not a legal expert
            All posts in good faith, but do not rely on them

            * * * * * ** * * * * * * * * * * * *

            You can search the forums here:

            Comment


              First you say you were sub-letting. Then you assume he is classed as a lodger. Which is it? Please clarify. Were you actually living in that property with this person and sharing the kitchen and bathroom? Or were you living elsewhere at the time?

              Comment


                Originally posted by notchuffed View Post
                Do the emails and texts I have from him promising to pay the rent (which was always in cash) that was owed mean a judge is more likely to believe me than him?
                I take it you didn't issue receipts for the cash, then?

                These ought to help, shouldn't they (ie, it's got to better than a simple your-word-against-mine scenario, hasn't it?).

                Do you think he's likely to accuse you of faking the emails/texts?

                Comment


                  Originally posted by Poppy View Post
                  First you say you were sub-letting. Then you assume he is classed as a lodger. Which is it? Please clarify. Were you actually living in that property with this person and sharing the kitchen and bathroom? Or were you living elsewhere at the time?
                  I was living in the property at the same time,sharing lounge/ kitchen with them having thier own separate bedroom and bathroom.

                  Comment


                    Originally posted by Ericthelobster View Post
                    I take it you didn't issue receipts for the cash, then?

                    These ought to help, shouldn't they (ie, it's got to better than a simple your-word-against-mine scenario, hasn't it?).

                    Do you think he's likely to accuse you of faking the emails/texts?
                    No i didnt.

                    Can I do so retrospectively?

                    Um dunno - I think there has to be a way of independently validating them but I dunno what it is?

                    Comment


                      You simply have a lodger or paying guest. You are a resident landlord. You have not sub-let. You do not have an AST agreement.

                      I see no point in issuing receipts now this person has left. Don't waste time and money chasing your ex-lodger through court.

                      Next time you have a lodger and they have not paid their rent or forget whose home it is, give them their marching orders. Definitely don't wait two months. The very first day (or two if you're feeling generous) their rent is unpaid and you are given excuses - that's when you decide it's time for them to go.

                      Comment


                        Originally posted by Poppy View Post
                        I see no point in issuing receipts now this person has left. Don't waste time and money chasing your ex-lodger through court.
                        Thanks - apprciated.

                        But why? I have email and text from him proving he moved in and agreed the rent and then also kept putting off paying it. I know where he's living and where he works. And including damages, it comes to almost £3.5k so Im hoping its worth pursuing (?).

                        Comment


                          £3,500 puts a different light on things. What the heck happened? Was it your possessions damaged or your landlord's?

                          Comment


                            Originally posted by Poppy View Post
                            £3,500 puts a different light on things. What the heck happened? Was it your possessions damaged or your landlord's?
                            Landlords but obvioulsy I am liable but most of it is unpaid rent and notice.

                            To be honest it was more than 2 months unpaid and 1 months notice but i didnt want to give the exact numbers in cae he or she comes on here.

                            Im hoping emails and texts promising to pay the rent will sway the judge?

                            Comment


                              Originally posted by notchuffed View Post
                              Im hoping emails and texts promising to pay the rent will sway the judge?
                              Does anyone know about this? Please help.

                              Comment


                                Everything helps, but your preparation needs to be thorough and it depends on the defence of your lodger.

                                see http://www.landlordzone.co.uk/forums...ghlight=bundle for inspiration

                                Try a search yourself: http://www.landlordzone.co.uk/forums/search.php
                                All posts in good faith, but do not rely on them

                                * * * * * ** * * * * * * * * * * * *

                                You can search the forums here:

                                Comment

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