Tenant Leaving with no Notice

Fatloss08

here it is

i have a lodger who paid his rent in advance , and now he is paid up till 20th November and has just told me on monday that he is leaving

he is leaving today with his stuff and wants his deposit ???

do i actually have to give him anything given that he hasnt given notice of a month which he was informed about ????

The_Conductor

Fatloss08 wrote: »

here it is

i have a lodger who paid his rent in advance , and now he is paid up till 20th November and has just told me on monday that he is leaving

he is leaving today with his stuff and wants his deposit ???

do i actually have to give him anything given that he hasnt given notice of a month which he was informed about ????

A lodger is not a "tenant" as defined by the 2004 Residential Tenancies Act. While its bad form to leave without notice- there is not a lot you can do. In general, a deposit is solely in lieu of damage to property or unpaid bills, not rent (foregone or otherwise) and cannot be used for this purpose.

Its tough- but you'll probably only regret fighting with him later if it ends up in a dispute. I'd give him the deposit back (less his/her share of any bills that may not have yet arrived) and put it down to experience........

Fatloss08

Deposits

As a landlord you may withhold a deposit (or part of a deposit) only if

• the tenant has not given you proper notice when leaving.
• you have been left with outstanding bills (i.e., public utilities) or rent.
• the tenant has caused damage beyond normal wear and tear

The_Conductor

Fatloss08 wrote: »

Deposits

As a landlord you may withhold a deposit (or part of a deposit) only if

• the tenant has not given you proper notice when leaving.
• you have been left with outstanding bills (i.e., public utilities) or rent.
• the tenant has caused damage beyond normal wear and tear

However- strictly speaking he is not a landlord, and the person who is leaving is not a tenant. There is no specified notice period under the rent-a-room scheme, a homeowner can request a lodger leave without any notice whatsoever, and a lodger can similarly leave without notice. Its good manners to give reasonable notice- but not required.

Fatloss08

i am a landlord and owner

stepbar

Fatloss08 wrote: »

i am a landlord and owner

You ain't if you live in the same house. Different story if you rent out a house seperate from your primary dwelling.

The_Conductor

stepbar wrote: »

You ain't if you live in the same house. Different story if you rent out a house seperate from your primary dwelling.

Correct.
None of the rights for a landlord or a tenant apply if the owner of the property is living on the property himself. In order to constitute a legal tenancy, the person must have full and exclusive rights to the property being rented. A lodger does not have these rights (or the obligations associated with them).

IanCurtis

Fatloss08 wrote: »

i am a landlord and owner

Sigh....another amateur who hasn't a clue.

Thank God this recession is weeding this stuff out, it's getting embarrassing at this stage.

This forum is full of these types who enter into these agreements without an idea of what they're doing.

Fatloss08

actually i apologise for the snapping

yes im new to it and want to know my rights etc

least im asking

some dont

IanCurtis

Fatloss08 wrote: »

actually i apologise for the snapping

yes im new to it and want to know my rights etc

least im asking

some dont

Well for a start I wouldn't go bandying the "lodger" and "landlord" terms around to refer to yourself as a bigshot, when the reality is that you are someone who relies on someone else to repay your loans :rolleyes:

The_Conductor

Less personal abuse, or your rights to use this forum will be revoked.
Regards,

SMcCarrick

Fatloss08

IanCurtis wrote: »

Well for a start I wouldn't go bandying the "lodger" and "landlord" terms around to refer to yourself as a bigshot, when the reality is that you are someone who relies on someone else to repay your loans :rolleyes:

first off i aint a big shot and didnt use them terms to sound like one , what other terms should i use ??? plus i dont need anybody to help pay my mortgage , as i can pay mortgage and still have €3k a month for myself

why pay it myself if i dont have too , simple

The_Conductor

Guys- calm down everyone.
Think twice before you hit the "Submit Reply" button.
Don't make assumptions about other people's motivations.
If you don't have something constructive to say- it might be better to say nothing at all. And vice-versa, if you don't like what other people are posting- take a deep breath and try not to get your back up against the wall. Its simply good manners to be civil to each other, and doesn't take much time or effort.

Regards,

SMcCarrick

Fatloss08

i agree , but i think he ( iancurtis ) is trying to act the D**K

he badgered somebody elses post

saying you should get a loan you can pay back without handouts from strangers ????

The_Conductor

Fatloss08 wrote: »

i agree , but i think he ( iancurtis ) is trying to act the D**K

he badgered somebody elses post

saying you should get a loan you can pay back without handouts from strangers ????

Sometimes the best thing to do, is nothing at all. Everyone is entitled to their own opinions- it doesn't make one opinion more 'right' than another person's opinion. Even in emotive situations- if you approach what someone is saying calmly and sit down and discuss it with them- even what can appear to be outrageous statements can often contain worthwhile, useful information. Its not a game of tit-for-tat like in a kids playground. If all else fails and you simply cannot find common ground with another poster- you can always use the "ignore" function- and their posts simply aren't displayed to you.

Property is an emotive subject for most people- particularly given the sums of money and the timescales involved. Try to leave the emotions to one side and see where a particular conversation may evolve.

S.

seamus

You made any sort of agreement (verbal or written, but ideally written) when he moved in about what the deposit is for, then you and him are both bound by that.

Chinafoot

Fatloss08 wrote: »

here it is

i have a lodger who paid his rent in advance , and now he is paid up till 20th November and has just told me on monday that he is leaving

he is leaving today with his stuff and wants his deposit ???

do i actually have to give him anything given that he hasnt given notice of a month which he was informed about ????

Why wouldn't you give him back his deposit? Has he asked for a refund on the rent he paid since he's before the 20th?

Perhaps you should come to an arrangement whereby you give him back his deposit and he forgoes the extra rent? As Semaus said, if you have a written agreement about notice stick with that.

Personally we had an issue with a girl renting a room with us and she left in one day (granted, we wanted her gone). We gave her back the remaining rent she had paid and her deposit, minus any bills she owed. No need to be a dick about these things. You said yourself you don't need the money.

Fatloss08

just principle

i told him at start that i require 4 weeks notice and that if i didnt get it he wouldnt get deposit back

anyway ive sorted it , he's paid till 20th so 2 weeks so i told him id give him half his deposit

he's ok with that , as he's leaving now so he knows i need the month