Withholding a Licencees Deposit

Neon_Lights

So I've a bit of a belligerent lodger on my hands at the moment, whose just requested their deposit back, and is holding a set of keys hostage until they get it. They have failed to repay their part of their bills (split as agreed paid quarterly) and their final rent installment. This is being deducted right away. I'm also changing the locks.

I outlined in a document two weeks before their leaving, means by which they would receive their deposit back. Nothing to special, just replace goods and items taken or broken, and give the room and house a scrub before you leave. All bills and rent paid. These items were slightly below par, half assed or not completed. Apparently he was "paying my rent, so it's why I wasn't paying for toiletries, kitchen and household items" I am the sole tennant of the house, agreed this with the landlord that I was allowed sublet so it's above board.

As it's going to cost me well above the amount remaining on their deposit to replace broken items, clean the house to a workable standard, and change the locks. I think I'm within my rights to withhold the remaining deposit amount.

What I am worried about is that the lodger had threatened to smash the windows in when he received the letter, which would fall on me. I'm inclined to make a statement to the guards just to note this happened. I felt sorry for the guy so I let him stay until the agreed date. But he's just been nothing but hassle (poor judgement on my part admittedly)

He's also smoked cannabis in his room unbeknownst to me at the time. And I agreed when we moved in no smoking. What he does outside is on him.

I'd just like some advice on this, obviously he needs the money, but he didn't care enough or was too lazy from the gange to get stuff sorted. I don't really care about the money its more of a point of principle for me, to not let people like him get away with such poor and entitled behaviour.

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dev100

Neon_Lights wrote:

So I've a bit of a belligerent lodger on my hands at the moment, whose just requested their deposit back, and is holding a set of keys hostage until they get it. They have failed to repay their part of their bills (split as agreed paid quarterly) and their final rent installment. This is being deducted right away. I'm also changing the locks.
I outlined in a document two weeks before their leaving, means by which they would receive their deposit back. Nothing to special, just replace goods and items taken or broken, and give the room and house a scrub before you leave. All bills and rent paid. These items were slightly below par, half assed or not completed. Apparently he was "paying my rent, so it's why I wasn't paying for toiletries, kitchen and household items" I am the sole tennant of the house, agreed this with the landlord that I was allowed sublet so it's above board.
As it's going to cost me well above the amount remaining on their deposit to replace broken items, clean the house to a workable standard, and change the locks. I think I'm within my rights to withhold the remaining deposit amount.
He's also smoked cannabis in his room unbeknownst to me at the time. And I agreed when we moved in no smoking. What he does outside is on him.
I'd just like some advice on this, obviously he needs the money, but he didn't care enough or was too lazy from the gange to get stuff sorted. I don't really care about the money its more of a point of principle for me, to not let people like him get away with such poor and entitled behaviour.

You are a tenant yourself in this house apartment and sub letting whilst living there yourself I presume you done up an agreement when they moved in ? What has this person taken or failed to clean ? Surely the place is cleaned on an on going basis and then when you finally move out you'll be organising a deep clean of all the house ?
Simple as deduct the share of bills and rent and tell them to clean their room and hand them back what's left from the deposit when they give you the keys. You can't deduct for lock changes. Less hassle

draiochtanois

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Neon_Lights

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Is he still there?

He has no rights as a licensee - he is essentially a guest. You could change the locks while he is out and leave his stuff outside and he would have no comeback on it.

If he smashes windows its a matter for the Guards and I cant see how someone smashing windows in a property you rent would come back on you?

What did he break exactly and how much will changing the locks cost?

I dont think you can pin the whole house being dirty on him though - you live there too so have you just been letting it get dirty around you?

No he's gone thank God, failed to return keys.

It was 60 quid to replace the locks, there was a hole in the bathroom drywall (poor design I know) from showering with the door open, I had noted this. A stairs that only he used was dirty, and carpet needs to be shampooed and cleaned. There was furniture in the bedroom damaged. There was plates cutlery mugs utensils all broken or missing.

The girlfriend and I did a full clean almost every weekend but the had it filthy by Monday evening again.

Tenigate

Op, both you and the sub-tenant are in the wrong.

You do not have the right to withhold a deposit based on a number of conditions you scribbled down immediately prior to him moving out. These terms should have been agreed in writing from the outset.

You cannot deduct money from cleaning unless you have professional cleaning receipts, and even then can you prove the house was cleaned to the same standard before he moved in?

You cannot deduct the cost of replacing the locks either, as arguably he's not returning the keys because you're refusing to return the deposit.

Further, you're calling him a licensee but as you're not living in the house it sounds like he was a tenant. Did you provide rent book, lease, etc?

Deduct the bills. Forget about keys. Forget about cleaning. Forget replacing bric-a-brac as it's difficult to prove he took anything. Sorry, but these things happen when you rent out a place.

hdowney

Tenigate wrote: »

Op, both you and the sub-tenant are in the wrong.

You do not have the right to withhold a deposit based on a number of conditions you scribbled down immediately prior to him moving out. These terms should have been agreed in writing from the outset.

You cannot deduct money from cleaning unless you have professional cleaning receipts, and even then can you prove the house was cleaned to the same standard before he moved in?

You cannot deduct the cost of replacing the locks either, as arguably he's not returning the keys because you're refusing to return the deposit.

Further, you're calling him a licensee but as you're not living in the house it sounds like he was a tenant. Did you provide rent book, lease, etc?

Deduct the bills. Forget about keys. Forget about cleaning. Forget replacing bric-a-brac as it's difficult to prove he took anything. Sorry, but these things happen when you rent out a place.

The OP IS living in the property with the licencee and has said as much.

Tenigate

hdowney wrote: »

The OP IS living in the property with the licencee and has said as much.

All the more difficulty in justifying the deduction from the deposit.

myshirt

Op, especially given you had your girlfriend there, I would just give the chap his money rather than getting into the granular on who is wrong who is right.

It's not worth him breaking the windows or breaking your legs or nose. It sounds like you antagosnied him. Taking the moral and high ground is no good to you when you get headbutted. The guards are not your personal security guards, so unfortunately they wouldn't get involved until it reaches that point.

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Aye Bosun

As a licensee, the only recourse this guy has on you is for retention of deposit through the small claims court. So to avoid hassle from him in the future, only deduct any outstanding bills for which you have invoices and any rent due, leave everything else and chalk it down to experience.

I was in a similar situation not so long ago, had to change the locks and kick a licensee out due to aggressive and anti social behaviour. I returned deposit minus monies owed for which I could provide invoices and took the hit on the rest.

Best give this guy no recourse and keep your bib squeaky clean!

myshirt

myshirt wrote: »

Op, especially given you had your girlfriend there, I would just give the chap his money rather than getting into the granular on who is wrong who is right.

It's not worth him breaking the windows or breaking your legs or nose. It sounds like you antagosnied him. Taking the moral and high ground is no good to you when you get headbutted. The guards are not your personal security guards, so unfortunately they wouldn't get involved until it reaches that point.

He owes rent and bills which the OP is full entitled to deduct and personally because of the way he is acting I wouldn't give him a cent back.

Its the reason for half the crap that goes on nowadays as people just bend over (as your suggesting) and don't stand up for themselves. Far too many people think they can do what they want as they aren't challenged.

Neon_Lights

Thanks everyone for your responses I think it's clear the course of action that needs to be taken. Just needed a sounding board.

Unbelievably frustrating but glad that it's nearly done, I was original knocking a little bit extra off the electricity as I was basing it on an estimate but had an interim bill generated up until their move date and it's more so will be adding that as am entitled to do so.

irelandrover

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Since when is holes in a wall normal wear and tear? Damaged furniture as wear and tear? What exactly would you classify as not wear and tear.

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myshirt

Greysen Tasteless Mouse wrote: »

He owes rent and bills which the OP is full entitled to deduct and personally because of the way he is acting I wouldn't give him a cent back.

Its the reason for half the crap that goes on nowadays as people just bend over (as your suggesting) and don't stand up for themselves. Far too many people think they can do what they want as they aren't challenged.

Hey, I'm with you, but I will take a wild guess and say the op is not the fighting type. We don't want the op getting chinned here. The op's approach to these problems has been to approach it with a jolly good telling off and an argument on points of principle, that will be no good when he is flat on his back or windows are broken.