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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Lodger/no deposit

48 replies

Sopisssedof · 28/06/2018 05:40

posted on property but posted here for traffic

I've just had a lodger leave for mh issues (suicide attempt). When they came back from hospital I took their keys immediately and we then arranged for them to collect their stuff. I packed up their stuff and they're gone.

Their room is disgusting. Stains on the carpet and stains (curry?) On the bedding.

I didn't take a deposit. What is my recourse for the damage?

OP posts:

TittyGolightly · 28/06/2018 07:51

You have no legal stance here to be honest. You should of got the deposit when he moved in.

Legally, she is entitled to the costs of the damage being repaired but realistically, taking this to court makes no sense.

Secondly he could turn around and sue you for illegal eviction as you haven't given him notice.

Not as a lodger, he couldn’t.

Imchlibob · 28/06/2018 07:51

You could take them to the small claims court. Cost of new bedding if it is beyond reuse. Cost of a professional level clean of carpets etc. Possibly £200.

Your suicidal ex tenant will presumably have no income or assets and will be very unwell.

If you are successful in your claim the court may order them to repay you at £2 per week from their benefits.

Won't that make you feel good about yourself for the next 4 years. After all, making sure that someone else's tragedy doesn't leave you out of pocket is much more important than showing compassion to someone in crisis.

hazell42 · 28/06/2018 07:51

No but kicking them to the kerb right after they've tried to kill themselves does. On your own showing you have them no notice and didn't give a fuck. And you even want to chase the down to pay for cleaning the carpet. They've probably got more on their mind atm

Discotits · 28/06/2018 07:51

Ok, but in all fairness would people really feel comfortable having someone they don’t know move back into their house after they’d tried to commit suicide? I’m don’t think I’d be able to deal with that. However,
I wouldn’t chase for money for damages.

tictac86 · 28/06/2018 07:53

What were the basis for you throwing him out? Did you have a contract? Did it state a notice period for either side? Did you ask if they were planning to get the room sorted out before you throw them out?
Consider these things maybe actions were taken in hast

NorthernSpirit · 28/06/2018 07:53

Did you have a AST tenancy agreement?

Did you take a deposit?

If the answer is yes to both then you have acted unlawfully (personality I think immortally as well).

If you had a tenancy in place you would of had to serve notice. You can’t just pack up a persons belongings and tell them to leave.

You probably haven’t got a tenancy or a deposit, so no you have no redress.

Have some compassion. This person is suffering mental health issues and you sound pretty heartless.

A carpet clean will cost you circa £50 and a new set of sheets £10. No big deal in the scheme of things.

wowfudge · 28/06/2018 08:03

@NorthernSpirit you cannot give a lodger a valid AST. Lodgers have very few rights even with written agreements in place. Your post is highly inaccurate as to the legalities of the situation.

Fadingmemory · 28/06/2018 08:04

I take in lodgers. I ask for half a month’s rent as a deposit, payable in advance with the first month’s rent. You have no recourse, sorry. Your lodger was clearly ill and you found that very difficult because of his/her behaviour (understandable but I would not have shown the door in the way you did). I can only hope he/she finds somewhere else more suitable for his/her needs. It is a lesson learned for you. Do you have a written agreement (examples available online)? Deep breaths or hold your nose... Have the room/carpet cleaned (or DIY) and chuck out the bedding. In 5 years and a total of 10 lodgers, some long term, some short, I haven’t had such an experience. In fact it has been positive but I am choosy and have been lucky. Sorry you have had this experience - hope it goes better in future.

Original poster

Sopisssedof · 28/06/2018 08:04

Exactly I was within my rights to ask him to leave immediately

OP posts:

achoocashew · 28/06/2018 08:07

Yeah but nasty and selfish without an ounce of humanity. You haven't addressed those comments have you?

Original poster

Sopisssedof · 28/06/2018 08:08

It's my home. Very easy for you lot to judge.

OP posts:

flumpybear · 28/06/2018 08:10

Write it off and don't rent your rooms out again

wowfudge · 28/06/2018 08:12

The responses you are getting are down to the way you posted. You've since provided a limited amount of background information. You didn't take a deposit and it would be heartless in the extreme to attempt to recover your costs from this person who has hit rock bottom.

trojanpony · 28/06/2018 08:14

You were within your rights to ask him to leave immediately. And I can understand why you might choose to do that despite the fact this person is vulnerable.

But being candid you were a bit of a dick for not taking a deposit so this is basically a lesson learned for you. You most don’t have any effective recourse apart from small claims which will likely drive you crazy and at the end of you “win” you’ll most likely end up with £2 a week from a vulnerable person

I would also echo other that while he has left you with (no doubt) a fairly grim room to deal with - he is obviously in a very bad place. You should count your blessings you have your home and your mental health.

A new bedding is £50 max and a carpet clean if you do it yourself and hire a machine is not that expensive.

Johnnyfinland · 28/06/2018 08:18

Would you have done the same if they had cancer and couldn't leave their room for days at a time, or do you not believe mental health issues are a valid illness? I've been suicidal and unable to leave my room for days at a time and do you know what my flatmates did? Brought me food, sat with me talking, encouraged me to come out for walks with them and kept checking in that I was ok. My current flatmate is suffering and I went to hospital with her when she needed it. I hope someone treats you similarly horribly when you have a crisis.

ThePants999 · 28/06/2018 08:29

I don't know why so many people seem to think that the only way you're allowed to claim for damage is out of a deposit. Newsflash: a deposit is just a convenience so that 99% of the time, you don't have to take them to court for damage. If they cause damage in excess of the deposit (including if the deposit was £0), obviously you can sue them for it. You just rarely see it because (a) usually the deposit covers it (b) it's rarely worth the hassle.

In this case, probably not worth the hassle...!

tuckingfypo · 28/06/2018 08:34

It may well be your home, but that is the risk you take if you rent your room out

Please stop being such a twat.

lostincake · 28/06/2018 09:52

Regardless, there is damage.

The face of caring, sharing Britain .

Don't you have landlord/house insurance for such instances?

longwayoff · 28/06/2018 10:14

YABU. Write it off. You sound deranged. If you want to rent then do it properly. And heaven help any future tenants.

ShatnersWig · 28/06/2018 10:18

Very controversial first posting from the OP.

Unless they namechanged. In which case they knew damn well what response they were going to get or they wouldn't have namechanged.

Regardless, ODFOD.

Icepinkeskimo · 28/06/2018 12:07

This has to be one of the most vile heartless posts ever. I hope OP you never suffer from any form of mental health problem. Your only concern is financial, shame on you. Did it never occur to you that if someone doesn't leave their room, they might have a problem or issue? Did you reach out and try to help? The answer is clearly no.

I don't know how you managed to sleep last night, what a selfish uncaring person you must be. I hope the ex-lodger gets help from a kind and understanding soul. Which you are not.

BoomBoomsCousin · 28/06/2018 17:43

All ethical questions about pursuing someone who has just tried to kill themselves aside, unless you have insurance that covers you, you are unlikely to be able to make good on your loss.

If they damaged your house you are legally entitled to ask them to make good the damage they did and to sue them if they don't do so voluntarily (a damage deposit is in no way a limit on the amount of damages you are legally entitled to claim and the lack of a deposit is not a carte blanch for whoever lives there to ignore the value of your property).

However, you would need proof that they have caused damage (so probably some sort of pre-lease inventory they signed that shows the condition of the place before they moved in and documentation of the state of the place after, along with receipts, invoices etc for making things good and a calculation showing how you have taken the age of fixtures and fittings, general wear and tear, etc. into account). Also, being able to get anything off them will depend on their ability to pay, which seems unlikely to be substantial. You could spend a lot of money trying to get recompense and just end up worse off.

When you go into business (and taking in a lodger is going into business) there are risks involved and this is one of them. On the other hand, you should at least be able to write off any losses against the tax you pay on the income you've made from renting the room out.

Voda · 28/06/2018 17:51

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

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