Damage by lodger

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    Damage by lodger

    My lodger is moving out shortly. There is some damage to my property even though she has only been living here a few months.

    The agreement she signed (the standard legal one) confirms that she will receive the deposit back minus any damages.

    However I have been reading up on similar situations and it looks like I have to request the money from her and she has to agree?? Or can I just deduct costs? I need to get quotes for the repairs still.

    I have another lodger and I live here myself too and I didnt take an inventory (as there is so much stuff in my property) so if I had to prove the damage I prob wouldnt get very far (tho she has admitted to one of the things - I havent approached her about the other things yet as I wasnt sure I should mention anything until the day she moves out).

    Surely the point in me taking a deposit tho means I should be deducting some money for repairs?

    Thanks

    #2
    The deposit money belongs to the lodger. You can't make deductions without her agreement (or unless a court says you can). If she won't agree the deductions, and you don't return the deposit, then she could bring a county court claim against you for return of the deposit (her money), and unless you could prove the damage, and that she caused the damage, it's unlikely you'd win.

    Comment


      #3
      Thanks for the reply. I am aware that the money belongs to the lodger however am surprised at this response; as I am also renting an apartment elsewhere (as a tenant) and they have a list of deductions they will automatically make for damages! Also I have been deducted 'cleaning' costs by previous landlords which was ridiculous. I am not trying to take money off her for cleaning or anything just for the damage she has made to to my floors and walls. It was covered in her agreement that extra special care to be taken with the floors and the standard wording on the legal document she signed is that she gets back her deposit minus damages.

      Comment


        #4
        Originally posted by Elisa1 View Post
        however am surprised at this response; as I am also renting an apartment elsewhere (as a tenant) and they have a list of deductions they will automatically make for damages! Also I have been deducted 'cleaning' costs by previous landlords which was ridiculous.
        Westminster's point remains: tenant may not agree to any deduction in which case a dispute can arise and be settled in court or before the deposit scheme (for ASTs). In such a case it is for the landlord to prove his claim.

        Obviously that does not mean that you should not make deductions, just that if you do you will be on shaky ground should the lodger sue, which could be more or less likely depending on the amount deducted.

        Comment


          #5
          Originally posted by Elisa1 View Post
          I am aware that the money belongs to the lodger however am surprised at this response; as I am also renting an apartment elsewhere (as a tenant) and they have a list of deductions they will automatically make for damages! Also I have been deducted 'cleaning' costs by previous landlords which was ridiculous.
          You are entitled to dispute the deductions and make a claim either via deposit scheme adjudication or the county court. There can be no 'automatic' deductions for damage.

          It was covered in her agreement that extra special care to be taken with the floors and the standard wording on the legal document she signed is that she gets back her deposit minus damages.
          Yes, but damage which must be proven if the lodger disputes liability for the damage.

          Comment


            #6
            Deduct the money.
            It's unlikely that she will take you to court for it anyway.

            If you receive notice that she intends to take you to court, think about paying it back then.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

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