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About Lolainuk

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  1. Ok, thanks for all this good information :0) I did send all my evidence pack with the defence form and the couterclaim thing. I've received a letter telling us that the District judge has allocated the case with a Mediator and I have a phone appointment on 11th June. So I guess that she had to accept it at the end, if it comes from the Judge, that may have given her the hint that all that is petty and silly. I hope mediation works, but I've read that even if you reach agreement, it is not garantied that the parties follow it, and if you want a formal document you have to pay, and you also have to pay to enforce it. :0( so we'll see. They told me that the mediator will be neutral but won't know anything about the case, I was quite surprised by that, because the appointment is timed (1hour) so if you have to recap all the background, it's a bit wasting time by repeating everything again, no? I also know that you should go to mediation with good faith, open mind and a willingness to settle the dispute, which I am ready to do, but I have concerns about the claimant's intention... anyway I hope we won't need to go to court and that mediation will be the answer. I felt quite good when I read that the judge thought the case will be good for mediation, it's not only me that thinks the amounts are silly and there was no need for court involvment... Lodgers... eh! cheers :0)
  2. Thank you for your advice, Mortitia, I think you're right, she's just trying to have the last word, but I really don't get why annoying all the court staff/judge just to annoy me, because surely they won't really appreciate the waste of time... Knowing the individual, she will turn up and be an smug arrogant arse trying to bully people around as usual. She clearly thinks she's in her right, but then, why not accepting the mediation? It's always good to have a neutral outsider view prior going through the whole hassle of the court hearing, surely? Unless for drama queen like that it's their only exciting moment in life? My other lodger accepted to be a witness, he saw her using the phone and he can confirm my description of her abusive behaviour. I'll keep you posted of the progress... I've sent everything back, so just the long wait now.... Cheers Peeps :0)
  3. Can you?? I didn't know! but... why would you text a landline??
  4. The other alternative would be to give your landline number only, this way no text pestering and they'll have to call! I don't like text as first contact, I normally use the website I've put my ad to correspond by email first. If they seem like freaks, I give up, but if they become potential candidates I then give my mobile number . (but even by doing so, you can end up with a freak! )
  5. So if she doesn't turn up, what is going to happen? Can I claim the court fees, day off work, transport and everything back to her?
  6. Thank you COR, I did insist on the fact I've contacted mediation, with copies of email and mediation form filled in. For me, I didn't really rely on getting the other stuff back, so I didn't plan on claiming anything back, but since she's doing everything she can to be a nightmare, I'm thinking, yeah, she took stuff, so no favour anymore. i refuse to let her bully me anymore. She definitely wasn't happy for me to use the deposit, she told me that I should have bought a tin of paint and a bottle of carpet shampoo to clean her mess (even if she had 4-week notice to do that herself!)... unbelievable! But if you damage the room you rented, then it's only fair that the landlord use the deposit to cover the expense of fixing it, or is it just me living in Wonderland? I just don't want all this sordid story to look bad on me, I don't want to waste a judge time on stuff like that especially for 40quid, but I refuse to give her anything more, she took the piss in my property right from the start, was very difficult to remove and now it's all done, she comes back and pester me for 40quid I don't even owe her! Can I request after the case that she's added to the vexatious litigant list? or have a restraining order against her? because, let's face it, she's not poor, she's just greedy and from my point of view, she's fuming I kicked her ass out of my house and she's seeking revenge just to pester me, because going to court over 40quid... really??
  7. Hello there, Me again, for my lodger for hell, yes she's back... To recap my story: She was a lodger for 6 month in my property, where another lodger and myself live. I kicked her out last November but did allow the 4 week notice period. When she left, the room was in a mess, not cleaned, wholes in the whole, stained carpet etc... so I used her deposit to fix all that, and to pay some phone calls that have been made during the period she lived in the property. I give her back a 100quids, left from her deposit in January. She waited until end of March to send me a threatening letter saying she 'disputed' the phone bill (of 40quid over 6 month) and that if i didn't give her money back before 17th April, she'll take further action. I've sent a copy of her threatening letter to the police, so they know in case she does something silly, I replied to her letter saying that I don't owe her any money and that she actually owes my other lodger and me some, as she used his and mine stuff that was not part of the lodger agreement. But I said that I was willing to negociate all 3 together for an outcome that suit everyone. She completely ignored me and now, she started a process with the Money Claim online. So far, I've filled in the Defence form, and now I'm filling the allocation form. Her evidence consists in a letter from her employer stating her car was on site a certain dates and certain hours, plus a picture of someone that vaguely look like her on a ride a Alton tower (don't ask me why, I have no clue...) My evidence are the lodger agreement she signed, stating phone was not part of the deal, and stating that if she breached any of the rules, her deposit could been withheld, (which she had, and therefore forced me to kick her out) but naively I gave some part of her deposit back (107pounds on the initial 300), so I think she should be grateful instead of dragging me to the court. Ok, so my concern is, I've never done that, never been dragged to court, so I'm not sure what to expect. I know she's a vicious one, so I won't lie, I'm a bit worried. Does that process automatically lead to a court hearing? I already paid 25quid, but I guess I'll have to pay more... and it's a massive waste of judge and court staff time... I've contacted mediation, but she refused, could that play against her? In your opinion, who is most likely to win? What am I expected to do in a court hearing? I've searched the direct.gov.uk website that has a lot of info but if any of you have an experience to share, that would be awesome. I can't believe she came back to haunt me... Thank you all for advice and support, Lola
  8. You can try the Small claim court, thay have very detailled information on the direct.gov.uk, but yes, there is a fee depending on how much you claim. And it's long and boring... and hassle, but it could work... Good luck
  9. I agree with Caffiend... have you thought about: _ What is this person is scamming you, and rob your room, your landlord house etc? What are your prepare to do to deal with the consequenses? _ What if this person doesn't leave when you return? have you got elsewhere to live? _ What if something goes horribly wrong when you're away and you landlord ask you to deal with the situation, are you prepared to shorten your travel plans? _ What if everything on paper looks fine, but the reality is different and this girl is nuts/weirdo/psycho, is your landlord fully informed about what he/she agreed to when allowing you subletting your room? _what if this person doesn't pay? or bring more people in the house ... _ ... ... just horrible thoughts, I know, I'm from the school of having a plan B, and be prepared for the worst. But I try to put myself in your shoes... if I'm going away to travel, I wouldn't want to have any worries regarding the room, or my landlord or anything like that.
  10. oh, so maybe he doesn't want to move out... he might think in a case of breakup, he's still have his place... I mean, your house... He might just be really smitten, but those things don't last... (unfortunately!) so if you say he's been a good lodger, I'd give him the benefit of the doubt... after all, it's a win-win situation for you, he still pays rent, and you have your own house for yourself :0) my good lodger is in similar kind of situation, he spends most of his time at hers, but as she was living in council house, he couldn't officially move in with her, otherwise she'd lose her benefits, but now she's pregnant, it's a different story... bless. so it might work cheaper for him to rent a room in your house but practically live with his girlfriend. Who knows? But yeah, he should communicate with you a bit more... that's bloke for you eh! as long as his mail keeps coming to your address, I wouldn't worry just yet...
  11. Yes, I don't understand how they can get away with it, I remember with a lodger from hell I had, I gave 30 days notice, and ok, it took 10 days to give her deposit back, but only because she left the room in such a state, I had lot of expenses to cover. But I gave deposit minus all the expenses justified with all the receipts (= nothing in my pocket) to put the room back in the state she found it when moving in. Anyway, the friend moved in this weekend, and she managed to have half her deposit back. So I guess it's better than nothing. They deducted the extra 4 days that run out her monthly rent and they pretexted that she didn't give 2 weeks notice but a bit less so kept half. A bit cheeky, but eh... as I said, better than nothing. they sounds a bit desperate for money, and to me, it is not good. OK having a lodger should be a plus financially but you shouldn't rely exclusively on that. I understand your concern about your lodger moving out, but if he has a notice period then it's only fair he informs you, maybe you can politely remind him that? Maybe he feels awkward, but if you have a chat with him and showing that him leaving is not really an issue, he might b more enclined to say when... My other lodger will leave end of May, and he told me around Christmas, and we're still get on very well. so I thank him for all the notice he gave me. And I hope I'll find someone else as good as him. I've asked my friend why she waited the last minute to give her notice (i.e. she had 2-weeks and didn't give any longer) and she said, she felt pressured because they were so desperate for money and during all this notice time, they reminded her everyday that she was putting them in financial difficulties... so not very cool. she felt like they'll miss her money, but were not that bothered about her... which is a shame because what a lodger wants, is to feel at home, and you don't when is only about money...
  12. Yes, you can ask money upfront, but to avoid any surprise I would do a written agreement, make sure I provide receipt for deposit etc. all the paperwork in place. You should also have a clause stipulating that it's ok with you but your lanlord should have the final say. I don't think for Lodgers the deposit has to be protected so you won't need a third party. I agree with Melboy if she refuses to move out when you return, what are you gonna do??? We're not hostile, don't be mistaken, it's just... a lot of weird people out there... and a lodger from hell could be just around the corner. it is just to warn you, that doesn't mean IT WILL go wrong, we're just saying, It CAN go wrong, and by all the people's experience on this forum, we can tell you It WENT wrong in many cases... but the future we can't predict. we're just assessing the risk, that's all, and remember you're in the landlord section, so most of the people here own properties, and from a landlord perspective, I wouldn't be impressed if one of my lodger turned around and say 'I'll go on holiday for a month, but don't worry, a total stranger found on gumtree will replace me, but no worries I have a good feeling about it' ... you see where I'm coming from? why your landlord should put his property at risk based on your good feeling... credit check and ID her, find all the info you need to be sure SHE's not scaming YOU, wrtie everything down, and make sure she knows no matter the arrangement she made with YOU, it will be down to your landlord to have the final word. You would at least reduce the probability of bad surprises. and again, I wish you Good Luck :0)
  13. Hi Jonny, I'm not sure to understand your request... Are you asking if it's a good idea or do you just want confirmation and support in your choice? It looks to me like you've already made your choice, but when people do try to warn you, you throw that back in their faces... That the thing I don't get... As I understand it, you think the risk is minimal because your landlord will still be living in the property but what if this new person and your landlord don't get on? you'll be away so your landlord will have to deal with this person and the associated problem. so yeah, the risk is minimal for you, but not for your landlord... It's nice that you want to believe in human condition, but if you go through the forum, you'll see a lot of people have had bad experiences with random people who seemed really nice at first sight.... so Mortitia and Melboy are just trying to warn you, they're not a tough crowd... they're just a wise crowd :0) It looks to me that you've made your decision, so good luck whatever you decide to do, but if something goes wrong, you would have been told so... and if it goes right, you can come back and tell us we're a bunch of suspicious pessimists ;0)
  14. Thank you, I thought she might have to deal with small claim court... I told her I couldn't help her more in this matter with her previous landlord. As for me, I do a written lodger agreement, and I provide a receipt for the deposit, and then, no surprise. I'm still shocked that some live-in landlords think they can keep deposit and rule above the law. OK it's just a lodger, but they pay to live there... Fair enough most people who take on lodger is for financial reason, but if someone pays on time, gave deposit and hasn't caused havoc but just want to move out, the least you can do is being honest and give the deposit back... We'll see if she gets is. I told her as the deposit cover 2 weeks rent, she should keep the key until then, and come to do her washing up and take shower etc, as she's paid for it! a bit cheeky but why should she give that money up?
  15. Hiya, I have a friend who's moving out her current house where she is a lodger (she's moving to my house, I'm a landlord). she pays rent monthly and no written lodger agreement was in place. the deposit give was 2-week rent. She gave her notice to live-in landlords and she gave 2 weeks notice which they were fine with. Her problem is they didn't mention anything about giving her deposit back, she paid her deposit by cheque to the Landlady but no receipt was issued. Since she gave her notice, Landlords have been not very nice to her, they're sulking and avoiding her, which doesn't help the discussion about deposit. she didn't damage the property and wanted to leave in good terms, as she's living with a family and it was a bit hard, I told her I had a room free in my house, so she said she'd prefer to live with me and my other lodger. so she didn't want to have any hard feeling or anything and doesn't quite understand why they are so shitty about it. (even myself, I don't get it... sulking? really?) So the question is, on the law side, what can she do in case they refuse to give the deposit back. Thanks for your help and advice Cheers Lola
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