Lodger problem

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    Lodger problem

    I offered a room for £110 pw.
    Lodger and I agreed a rent of £104 + a deposit of £400.

    Lodger said she wished to pay monthly so signed an agreement of £451 p.c.m (a slight discount over the weekly rate) and 28 days notice

    Lodger only paid £200 deposit and has paid weekly £104 which I verbally agreed to and by text message.

    44 weeks later she has paid a total of £104 x 44 = £4576
    but in her latest payment decided she has been overpaying and unilaterally deducted £66:

    i.e. 10 months= £4510

    Is she correct in doing this and how much notice would I be required to give her?
    Should I offset her deposit against any debts as I fear she will stop paying once I give notice?

    #2
    Please state clearly and concisely:
    1. Licence to lodge commencement date.
    2. Rent specified in the tenancy agreement.
    3. Rent payment frequency specified in the tenancy agreement.

    Comment


      #3
      You can give 'reasonable notice' at any time to a lodger. As you have agreed 28 days notice, that would be the 'reasonable amount'.

      If she is in arrears at the end of the tenancy, then yes, use the deposit to pay the outstanding.

      If that isn't enough, consider suing for the remainder via the http://www.moneyclaim.gov.uk website

      Comment


        #4
        The lodger agreement states £451 pcm so if what she has paid is equivalent to that, then what's the problem? Why do you think she owes you more?

        You must give her the notice specified in the lodger agreement, i.e. 28 days.

        Why did you let her move in without paying the agreed deposit amount?

        Comment


          #5
          Lodger moved in 8/4/2009 agreeing to pay £104 pw
          22/4/2009 Signed agreement to pay £451 each month in advance and £400 deposit

          (the slight discount offered to reflect the fact that I would have a month in hand + £400 deposit)

          She has only ever paid £104 weekly (often not in advance) and only £200 deposit which I agreed to verbally. By these actions has she abandoned the signed agreement - the terms of which have never been followed and we have verbally agreed to vary to allow weekly payment of £104?

          Comment


            #6
            I put both sets of figures in a spreadsheet and annualised them.

            First method
            If lodger paid £104 per week (last payment being 30/3/10) then total rent paid would be £5,408.
            Second method
            If lodger paid £104 per week for the first two weeks and then paid £451 per month from 22/4/09 (last payment being 22/3/10) then total rent paid would be £5,620. There are probably three ways of calculating the twelfth month’s rent, I decided that 16 days rent was due bringing the total to £5,379.47.
            Conclusion
            There is an additional £28.53 that the lodger will pay with the first method.
            My main thought on the subject is, only agree to adjust the rent when the final day is known. Tell your lodger to pay all rent demanded in full and on time at all times until she leaves. If she doesn’t, give her 28 days’ notice. Stay in control.

            Comment


              #7
              Thanks
              I've given her notice to leave. I've given her until the 8th Feb.
              Its more than a month, but thats the first wednesday after a month. (Her rent is due on Wednesdays).
              Lets just hope that she keeps paying until then!

              Comment

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