Letting to lodger: what Agreement form/wording?

[Imp]

I'm not a great legal mind like others on here, but here's my 2p worth.

He is a lodger. Unless there was some agreement in place (preferably in writing) then he does not have to give notice to leave so you will struggle to claim for lost rent during a notice period.

Did he give you a deposit at the beginning of his stay? If so, then this could be offset against the unpaid rent.

How will you be able to prove the damage was caused by him and not by you?

[Telometer]

>>How will you be able to prove the damage was caused by him and not by you?


The crucial point in my view. It's a classic my-word-against-yours situation. Far from great for anybody, least of all the judge...

If you offset the deposit against the repairs, and sue him for the lost rent then I'm guessing that it might be an easier case to make in court.

[notchuffed]

He agreed, via email, to 2 months notice so i'm hoping that will be clear cut?

I video'd the bathroom and bedroom two day's after he left and so am hoping that evidence will be admissible?

[Summer]

Lodger ignores rules- e.g. allowed 'friend' to co-occupy

New tenant visited the property, covered basic rules in the lodging (in my house) included that guests were not permitted to stay overnight just during the day. I mentioned this specifically as she had a male accomplice (a work colleague).

She unexpectedly turned up on my doorstep and paid 1 month's rent upfront a week before moving in at the most inconvenient time (10pm). I had no agreement for her to sign - was very persistent I take the cash and she'll sign the day of moving in (3 days after).

I accepted this as reservation and a month's rent - and luckily called her back from the street to
pick up a receipt (however did not state anything other then the amount and date)

As instructed by his new adament lodger, I cancelled a week's viewings organised by the agent.

3 Days after – The Day of Moving in - she claimed she was too busy to sign an agreement to confirm the lodging.

The Following morning - her work colleague (turned out to be her long-term boyfriend) stayed the night. She apologised for this, and still refused to sign a contact (My Fear: could become a sitting tenant).

One week later after living at our family home, she gave a 3 hour notice and moved out.

Including the period of reserving the room and the day she willingly left on her own accord - is 10 days. How much am I entitled to retain – or am I? She demands the rest back? Remember other then a verbal agreement I nor does she have anything in writing other then a small receipt (she doesn’t have a notice of terminating the Let) - the receipt mentions her name, the address and sum of money- that's it nothing more.

She threats to take me to the small claims court.

There's no accountability on her side she claims that it was her basic tenant right to have her boyfriend in our family home, and states our fridge was not working which is a blatant lie.

Does she have the right to claim the whole month's rent back - despite the loss of a month's rent I've now encountered?

Please kindly advise me.

[Poppy]

She unexpectedly turned up on my doorstep

That was your first mistake, to let her in when you were not ready.

Please do not invite trouble by holding on to your ex-lodger's unused rent. Suggest you return it now. Choose future lodgers more carefully and stay in control of the situation at all times.

[jta]

I think I agree with Poppy, although the situation stinks from your point of view. You are probably well rid of her.
As a matter of interest, if they had wanted to rent as a couple, what would have been your feelings then?

[Summer]

We could barely take one on board without too much traffic in the family bathroom - let alone two people. The rent was inclusive of all bills we couldnt simply afford to keep 2 for the price of 1. As far as couples go, we wouldnt have accepted as the house is not big enough. We searched for a college or uni student - but prefered to have a nun.

[Summer]

I’ve received a letter in the post today she’s compiled a “Letter before Action”, she’s now demanding for all the month’s rent back, including the10 days she’d stayed at my place for and the cost of her claim which is £35 (!!).

I see no reason in this person, there is no accountability from her side for simply walking in and walking straight out at her own convenience for free. I presume it’s
a whole new ball game now, perhaps I should meet her head on with all guns blazing or leave the country and seek asylum elsewhere as prison food has still got a long way to go, or even better still I’ll let her take me down, at least I can peacefully ride out the recession.

What do you guys think?

[Poppy]

Return the unused rent in a verifiable method (eg paid into her bank account, by cheque, or ask her to come to your home to receive cash and sign a receipt.)

[notchuffed]

Help! Anyone?

[Yorkie1]

I video'd the bathroom and bedroom two day's after he left and so am hoping that evidence will be admissible?

As far as this evidence goes, all it proves is that the damage existed at the date of the video. If he denies that the damage was there when he moved out, you will need to consider how you prove that it was him who caused it, in the absence of any acceptance by him that he was responsible.

[notchuffed]

Would a witness statement from the previous occupant of the room stating the room was left in immaculate condition before the last guy moved into it, help establish this?

[jta]

Not really, for the same reasons, what it was like originally is going to have no bearing if you cannot produce solid evidence that the T left it in worse condition, and the video does not really do that.

[Summer]

Thanks for your reply poppy.

Am I obliged to even give her back the rent she's used, she even wants the 10 days rent that she'd used to accomodated the room?

[Bel]

Thanks for your reply poppy.

Am I obliged to even give her back the rent she's used, she even wants the 10 days rent that she'd used to accomodated the room?

She sounds like trouble and a bully.

If I were you, I would write a letter stating what the terms of her occupation were that were stated to her verbally eg months notice, that things have not worked between you, she quit early, although its your right to keep money as per verbal notice, you agree to return her the balance of unused rent, and if she accepts this, it is as a full settlement. When you give her the money, get her to sign and date a copy of the letter; with the text "I agree that this £x is in full sttlement of the above."