Evicting a lodger after he became verbally abusive, should I refuse his deposit back

  • Filter
  • Time
  • Show
Clear All
new posts

    Evicting a lodger after he became verbally abusive, should I refuse his deposit back

    Hello I am new on here, after a pretty disasterous end to having a lodger. When he moved in we verbally agreed to giving each other a month's notice if he were to leave, or I asked him to leave. He paid for a month in advance plus £50 deposit. After 2 days he gave me notice which was fine, as he realised he needed a flat/more space etc.

    He had 3 nights remaining however, I asked him if wouldn't mind staying at his girlfriend's house on Monday evening as I needed to have my husband there to discuss our separation and that I needed some privacy. I was quite polite and said I would appreciate it. This was all by text.

    I have not previously asked him this before. He said no, I have no right to TELL him he can't stay there, to which I replied it was a REQUEST not a demand. Thinking he would either say no problem or sorry [I] can't, I was met with 'you shouldn't have let the room out if you wanted privacy.... it's my home, it's where I live, imagine if i told you to stay away because I wanted a party' ( totally irrelevant as it is not his house!)....' its a bit of a joke and I am annoyed.

    Well to clarify a few things, my generosity was all in vain, as at the start I agreed he could have his child stay overnight ( no extra money), I said his girlfriend could comeover but I would need notice if she was to stay overnight.She made several visits. I even said if he wanted the house to himself with her I wouldn't mind being out of the way for a night. He is basically saying that beacuse I agreed to all that, I have been out of order ASKING, NOT TELLING as he claims,if he wouldn't mind being out for the night. He has stayed away several times at his girlfriends house.

    It came to a head today because I came home to find his girlfriend in my house and thankfully he was taking the last of his possessions out as he had obviously decided that he didn't want to stay there. Before i got home I had decided to say I wanting him to move out because his texts were becoming abusive and I did not want to have someone in my house that made me feel uncomfortable. As he had already moved his belongings out he threatened me with getting fined if I didnt retrun his £50 deposit, which he had already said to my mother, and to me in a text AND verbally not to worry about returning it.
    A friend of mine had to come up to diffuse the situation and he thankfully got the key back.I am unsure what to do about the £50 as he ultimately left of his own accord.

    Also, we had no written agreement but he is threatening me with legal action if I do not pay it back.

    he rented a room but shared the rest of the facilities with me.

    What should I do?

    Well you can only keep the deposit if rent is owing or there are damages you can prove.


      He has not caused you any financial loss so you should return the deposit in full.


        Did he stay for full month's Notice?
        Did he leave his room clean, tidy & aired as per move in condition?
        Any additional stains on the mattress?

        He was your lodger not your tenant IMO. You cannot be 'fined' for not refunding deposit, only required to refund plus Court fee if he decides to pursue SCC action, which could take 4-6 months. Keep his abusive texts just in case.
        For £50 poss worth refunding with 'Good Riddance' under your breath.


          5 tenners?

          If it will make that much difference to you, then keep it.
          Allow tenants to protect their own deposits. I want free money when they do it wrong


          Latest Activity


          • Attending Court - Advice Please
            Hi there

            I posted recently about our tenant leaving and giving her ex the keys to our house, we have a court date of 4th January for which Im flying back to the UK to attend (no contact or rent received from the persons she has left in there still). I feel hes staying in there as long...
            12-12-2017, 18:03 PM
          • Reply to Attending Court - Advice Please
            Well done: Hope someone got LOTS of evidence (eg photos) of tenant's departure, all belongings gone. You had questionable legal right to change locks: Until bailiffs "execute" the possession order there is still a tenancy, it's still the tenant's home, the tenant's property. Hopefully enough...
            22-01-2018, 19:44 PM
          • Section 21 query

            I was looking for some advice in regards to a Section 21 served.

            A 6-month tenancy was originally granted in September 2015. Upon expiry a new 1-year fixed term tenancy was signed. Is this a new tenancy or a replacement?

            In September the EPC and GSC was given...
            22-01-2018, 12:51 PM
          • Reply to Section 21 query
            I just wanted to make sure my landlord had done things right cause there are lots of things on the internet so its confusing but thank you i have as i don't want to be going through the eviction process with a small child id rather be out as soon as possible....
            22-01-2018, 19:36 PM
          • Invalid section 21 and limiting LL access
            Hi everyone,

            I was wondering if you can help me with my issues with my LL. Apologies for the long post, but I’m going through a very stressful time.

            My landlord tried to increase my rent “illegally” in Sept/Oct and wanted me to sign a backdated agreement and requested...
            22-01-2018, 15:27 PM
          • Reply to Invalid section 21 and limiting LL access
            All very well but realistically you can simply refuse access, change locks, say it's not convenient then. Yes they may have a contractual right but to enforce it they'd need a court order, which would take about as long as evicting you.

            And which potential purchaser is going to await a...
            22-01-2018, 18:36 PM
          • Possession claim 'struck out' what can i do next
            I filed a section 8 notice (correctly i believe) then a possession claim on line. The court hearing was 6th Dec - in stupidity or naivety having had no experience with the law before, i did not realise i had to attend the court hearing for a straightforward case of rental arrears (tenant owes £3000...
            10-01-2018, 09:22 AM
          • Reply to Possession claim 'struck out' what can i do next
            Id try and get it reinstated, if she didnt show the first time or make arrangments to pay its unlikely she will the second time, I recently had to fly back from the US to attend court on a section 8 and was in and out in 15 minutes - good luck to you.
            22-01-2018, 18:22 PM
          • Reply to Invalid section 21 and limiting LL access
            Yeah, i read all 33 pages of the thread... it is difficult though to understand exactly where i stand when it's so personal, rather than theoretical question!

            They already pointed out which clauses say they can come in. There's one that says the landlord, his agent and any person authorised...
            22-01-2018, 18:09 PM
          • Reply to Attending Court - Advice Please

            Ok I flew home to attend court on 4th January, I was in and out in 15 minutes, possession was granted on rent arrears alone and anyone living in the house was given 14 days to leave, the tenant was also ordered to pay all arrears and court fee.

            This meant they had to...
            22-01-2018, 18:05 PM