Letting to lodger: what Agreement form/wording?

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    Originally posted by LawN View Post
    Thanks for the prompt response if the landlord choses to return the money at such a ridiculously low figure than it will take a matter of years to get the full sum back and we would quite like to get rid of this man. Is it legal for him to dictate the terms of how the deposit is returned?
    No, LL is not entitled to dictate the terms of repayment.

    However, if you obtain a CCJ against the LL, and the LL offers to pay in installments, even very small installments may be considered reasonable - see post #10 of this thread:
    http://www.landlordzone.co.uk/forums...480#post271480

    As the court expects people to try to resolve matters before bringing a claim, I would do the following: Write a letter (no more calls/texts) to the LL asking him to put his offer to pay in installments in writing, and to include the amount, payment dates etc. Keep copy letter and obtain proof of posting.

    Scenario A: If the LL replies in writing with an offer and the offer is acceptable, write a letter accepting it. Then wait to see whether the first payment arrives. If it doesn't, write again chasing the payment and warning that if it is not received within X days, you will bring a county court claim (keep copy etc).

    Scenario B: If the LL's offer is unreasonable (e.g. £1 a month for 20 years), respond with a counter offer such as that he pays £10 a month for 2 years (in writing, keep copy etc). If he fails to respond or won't change his offer, write a letter before action saying his offer is unreasonable/he has not responded, demanding the full amount by a deadline, and saying that you'll bring a county court claim if payment not received.

    Scenario C: No reply from LL. Write again noting his failure to reply to your letter of [date], and giving a deadline to pay the full amount, otherwise you'll bring a county court claim.

    Basically, you need to give LL the opportunity to resolve the matter before taking legal action AND create a paper trail of having done so - the above examples are just to indicate how things might go. I agree it's possible that the installment offer was a purely delaying tactic - but you still have to go through the motions before starting a claim.

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      Agreement for Excluded Occupiers

      Hi there,

      I was wondering whether anyone had an agreement for a resident landlord to use for excluded occupiers? Are there any standard agreements in existence?

      Thanks!

      Comment


        Here's a couple of suggestions:
        http://www.lodgerlandlord.co.uk/shop/
        (and I recommend you read the tips and advice on the website).

        http://whs.lawpack.co.uk/LandlordAnd...product711.asp

        Comment


          Several largely similar questions on separate threads have been merged into this thread (hence the repetitive nature of answers).

          Comment

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