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Dec, 2014

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  1. #1

    Unhappy 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?

  2. #2
    Join Date
    Sep 2006
    Location
    Here & There
    Posts
    1,457

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

  3. #3
    Join Date
    Apr 2010
    Location
    UK
    Posts
    2,273

    Default

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

  4. #4
    Join Date
    Jan 2011
    Posts
    3,715

    Default

    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. #5
    Join Date
    Oct 2006
    Posts
    7,692

    Default

    £50?
    £50.00?
    5 tenners?

    If it will make that much difference to you, then keep it.
    Stalkers, please go over this comment with a fine tooth comb.

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