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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU about my lodger

189 replies

WH1SKERS · 20/04/2020 22:12

I’ve had a lodger for the last two years. Just before lockdown started she moved in with her boyfriend and gave me 4 weeks notice that she was officially moving out ( that’s what’s in her contract ).

So she stopped paying rent yesterday and was supposed to be here today to collect all her things. When she went to her boyfriends she left almost everything here - her bedroom is jam packed with all her clothes and make up, food in her kitchen cupboard and the fridge, bathroom full of her toiletries, jackets and shoes in the hall, plants in the living room etc etc .

She didn’t turn up. When I messaged her she replied that she can’t come to collect her things because of lockdown and she will come at another time when lockdown is over.

I pointed out that she is the one who has chosen to move out during lockdown. And she can’t just leave her stuff here, keep my house keys and pay no rent. And that moving your things out at the end of a tenancy is an essential journey, because she has no right to leave it here.

She has refused to come for it.

She says IABU because the new lodger doesn’t move in until June . But I was hoping to redecorate her room and buy some new furniture (because she has broken it ).

Besides I don’t think that’s really the point. It’s not my job to store her stuff for free.

AIBU?

What should I do ? How long should I give her to collect her belongings ?

OP posts:
BoomBoomsCousin · 21/04/2020 06:02

Scottish guidance says
“People are allowed to leave their homes to move home but only where it is reasonably necessary, which may include where a new moving date cannot be agreed.”

The lodger has not agreed a new moving date, she’s stopped paying rent. Moving her stuff is a legal obligation she has when she leaves, so it is still well within the regulations for her to leave her new home to fulfill that obligation. If she wants to keep her stuff at the OP’s she should still be paying rent.

Original poster
WH1SKERS · 21/04/2020 06:36

@Ponoka7

It’s the lodger who wishes to move out during the lockdown. I didn’t give her notice - she gave me notice . If she doesn’t want to move her stuff out now she has a choice - she can go on paying rent to house her belongings.

If she feels that its reasonable and necessary for her to move, then she can do so - I can’t force her to stay. But she needs to collect her stuff and return the keys .

Or of it’s not necessary or reasonable for her to move out , then she needs to agree new move date. And go on paying rent until she leaves.

OP posts:
Original poster
WH1SKERS · 21/04/2020 07:07

@AvalancheKit

“Thank you for coming back to move your possessions to your new home. This is to confirm that those few remaining items you left in your bedroom, the bathroom and kitchen, I will now dispose of in the waste collection because I can shall assume you do not want them.”

I can’t do this because we have already exchanged emails in which she says that she will come back for it at sometime in the future, presumably after lockdown is lifted. I know it’s not unwanted or rubbish.

OP posts:
Original poster
WH1SKERS · 21/04/2020 07:13

@Collaborate . I understand your position.

Just to reassure, I have no intention of throwing out her belongings. Even if she left them for months, I would put them into storage in the shed.

I’m just trying to work out if I am reasonable to insist that she either

  1. collects her belongings and returns the keys in the next few days or
  1. extends her lodger agreement for another few weeks ( until after lockdown ends ) and pays rent for the continued use of the room for storage
OP posts:
dontdisturbmenow · 21/04/2020 07:15

I'm a landlord, tend to stick to the law for revision making but I do feel that you've been quite unfair on this one. She indeed had a good reason to delay coming. She paid the 4 weeks when she wasn't there when 4 weeks notice is quite a long notice for a lodger to start with when legally, you don't have to give them any notice at all.

You don't have a new lodger coming until June do had plenty of time to arrange for her to come later. You could very well have decorated just moving her things and how would that stop you buying new furniture?

I expect you were not happy with her going and felt some satisfaction in being difficult.

AlwaysCheddar · 21/04/2020 07:17

Say you want her to collect her stuff by this Sunday at 5pm and you’ll leave them outside for her on the day she comes. If she dies t collect them they will be stored in bags outside and you’ll invoice her for the bags. Yanbu at all. Have you got her deposit?

SarahInAccounts · 21/04/2020 07:18

I think you need to tell her it has to be one or the other of your suggestions. If not you'll hire a skip.

fuckinghellthisshit · 21/04/2020 07:37

Pack up her stuff and leave at a storage facility - pay the first month and say write to her telling her where it all is. Take the money, tand for the furniture out of the security deposit,

Original poster
WH1SKERS · 21/04/2020 07:55

I'm a landlord, tend to stick to the law for revision making but I do feel that you've been quite unfair on this one. She indeed had a good reason to delay coming. She paid the 4 weeks when she wasn't there when 4 weeks notice is quite a long notice for a lodger to start with when legally, you don't have to give them any notice at all

The Lodger agreement says that she has to give 28 days notice and the law says I have to give her 28 days notice .

You don't have a new lodger coming until June do had plenty of time to arrange for her to come later. You could very well have decorated just moving her things and how would that stop you buying new furniture?

She has a vast amount of belongings. They need to be removed from the wardrobe / chests of drawers / under bed storage so I can dismantle the old furniture, remove it , decorate the room, get new stuff and build it.

I had planned to smash up the old furniture and put it in the shed, as the dumps are closed. Obviously I need new unbroken furniture for the new lodger.

I don’t think I have room in the shed for all the broken furniture ( which the lodger broke, it was brand new when she moved in ) and all her possessions.

This is about a lodger - she rents a room in my own home. It’s not a tenant who has left a large empty house with a couple of cardboard boxes sitting in the corner that can be put in a cupboard.

OP posts:
Ohtherewearethen · 21/04/2020 08:03

Is anybody else beginning to find 'be kind' completely nauseating? OP is not kicking a family member or dear friend out in the streets. She had a financial arrangement with the lodger to pay for use of a room in her house. The lodger is still using that room (or 'service') but is refusing to pay for it. Why should the OP have to be messed about like this? Why should she have to do all the grunt work to move, shift and pack all of the lodger's belongings? Why does the lazy lodger get to dictate when OP does work in the house? So what if the new lodger isn't coming until June, perhaps she wants to take her time over the decorating, doing an hour after work each evening, rather than having a stressful, mad rush at the end of May to get it all prepared. What if lockdown lasts longer? What if the lodger still refuses to collect her things then?
OP, you are not at all unreasonable to want to get this sorted asap and for her to preferably collect her stuff and return your keys, or have her pay for the continued use of your room. 'Being kind' doesn't even come into it. You've been more than accommodating so far.

LuluBellaBlue · 21/04/2020 08:11

I honestly know nothing from a legal point of view, but surely she’s not paying you rent, hasn’t collected it - and what would upset me is didn’t discuss this with you - just didn’t turn up?
I’m all for helping people, being kind BUT also having good strong clear boundaries and it seems like this person wants to totally take the piss!

Therefore I’d give her until the weekend to either transfer rent or say you will remove possessions and dispose of them, costs invoiced to her.

lifestooshort123 · 21/04/2020 08:23

As she has left all her stuff behind, I would take it that she hasn't moved out but just staying with her boyfriend so her 28-days' notice hasn't been complied with. She needs to be paying you rent while her belongings are still in your home and she hasn't 'moved out'. I tend to agree with those who say that the situation is muddied because of social distancing as it would be hard to enforce their removal if she feels strongly that either of you would be at risk. We've all had to cancel/change arrangements and financial plans and it may be that moving your new lodger in is put on hold for a while. Suggesting you dump her stuff outside is a typical mumsnet response and is neither legal nor kind but you do need to get rent out of her to compensate you. Would an email mentioning the small-claims court put pressure on her to change her mind do you think? If you look into the Scottish legal stuff you may find that you giving her a month's notice helps your case. Anyway, good luck.

Lolaesque · 21/04/2020 08:27

I can see both sides!

If she won't come and collect, bag it up and leave it outside your house. If she still doesn't come, bin it.

STAYTHEFUCKHOME · 21/04/2020 08:29

I’d recommend asking on Landlordzone - you’ll get advice from experienced people.

JimDuggansEye · 21/04/2020 09:39

All those saying she wouldnt have known the country was going into lockdown when she left 4 weeks ago - it was 4 weeks ago we went into lockdown and it had been on the cards for ages.

No excuse.

MrsEricBana · 21/04/2020 09:50

Round here clearance people will pick up from pavement so can you put furniture out and arrange pick up (which you need anyway as recycling centres shut) then tell her it's all going in shed if she doesn't come at the weekend. This seems fair to me. Room cleared so you can sort it, her stuff gone or bagged up ready to be grabbed by her without coming into your house. If you then need the shed you could still go down the storage/on the drive routes later. It would be non ideal for her to drive to you now though clearly it's not fair to tie up the room either if rental period ended.

popsydoodle4444 · 21/04/2020 09:53

If she's broken the furniture then I hope you're not giving her all of her deposit back.It should pay for a new furniture

Nottherealslimshady · 21/04/2020 09:56

Bag or box it up and put it in your garden/shed/garage.

Original poster
WH1SKERS · 21/04/2020 09:59

She gave notice about a week before lockdown. She might have guessed It was coming but she couldn’t have known when. I assume she did so she and BF could spend lockdown together, but that’s not any of my business.

I don’t have a problem with her moving out. I got another tenant within days, I had lots of applicants, there’s high demand here.

I don’t mind keeping her things for, say , 2-3 weeks as long as she pays rent.

Or I don’t mind her stopping paying rent, moving out and returning the keys . I said I’d go out for the day to facilitate that.

What I DO mind is her choosing to “ move out “ in a lockdown then saying that it’s ” impossible “ for her to collect her things / return keys because of lockdown.

The Scottish Covid 19 guidance doesn’t address this situation directly. But It does say that people moving house should try if possible to negotiate a new move date. ( This refers to tenants and purchases but I think it’s reasonable to assume similar advice to lodgers ).

I’ve offered to negotiate a new move date but she has refused. She hasn’t said when she will collect her things, just that it’s “ impossible “ because it’s a non essential journey and she doesn’t know when she will come.

So I’m assuming that means once lockdown is lifted, which may be longer here in Scotland. People are complying with lockdown much more here than in England and we have much lower infection rates so our government is not keen to lift it soon.

OP posts:
NoMorePoliticsPlease · 21/04/2020 10:00

If she was a tenant she would have to keep paying rent as long as she still had the keys and had left bleongings. Another vote for bagging everything in bin bags and telling her the latest day for collection prior to disposing of it. She must return the keys or pay rent

clareOclareO · 21/04/2020 10:08

You have a legal obligation to take reasonable care of her stuff. You don't have to leave it in her room, you could put it in boxes or bags and store it in garage/shed. You need to give her a deadline, at least a fortnight, before you will dispose of her items. It won't be bulletproof, legally, she could still take you to court, but if you chose to sell her property rather than bin it you would at least be able to offset some of the damages if she won. If you don't want to risk court - even if you would probably win - it's best to leave her stuff alone until she decides to collect it.

RedHelenB · 21/04/2020 10:10

MY dds halls of residence arent charging rent for this term and will keep belongings until restrictions are listed, but have said they may be moved from the room if needed. I think you need to suck it up, lockdown means she cant move her stuff as it's a non essential journey.

AlwaysCheddar · 21/04/2020 10:14

But no one else is going to use the halls of residence, different situation. No way should the OP suck it up!

Iwalkinmyclothing · 21/04/2020 10:15

Honestly? I do think YABU. It's not normal times. We're all having to deal with inconveniences. You might experience an interruption to your income stream if there is a delay in redecorating the room. That's annoying, but it's not the end of the world.

viques · 21/04/2020 10:17

OP,. You have a shed???? if you have a shed big enough for broken down furniture then use the shed space to store her bagged up belongings. It unfortunately means you will have to keep the broken down furniture in your garden for a while, but at least the room will be clear and you can get on planning the decoration for the new tenant. A pain for you having to clear the room but as someone upthread said we all have to show some flexibility at this time. If your ex tenant is not happy with her share of the flexibility ( ie having her belongings bagged up by someone else and stored in a shed) then she knows what she needs to do.

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