tenant

[deeparker]

I rent a house to my daughter (all done ligitimately) she then rents a room to a friend. The friend has not stayed at the house for over a month and told my daughter 2 weeks ago that she is moving out. She has however not paid her share of the rent for last month (£150) but her bed and wardrobes are still in the room (she has moved some of her belongings). We do not know our rights regarding this. She has not moved all her belongings so my daughter is unable to let the room to anyone else and is out of pocket by £150. what can we or our daughter do?

[Mortitia]

I take it that this girl had no AST, did not pay a deposit and that she was a lodger? Did you rent to her by the week or month?

Mortitia

[deeparker]

My daughter was the only one named on the tenancy agreement and no her friend did not pay a deposit. Her rent was charged monthly to be payed on 15th of each month.

[Mortitia]

So this is a verbal tenancy and this girl is not a lodger - that would have weekly rent.

In theory your daughter sub-let with your knowledge (is that true) - does the AST of your daughter mention sub-letting and rules on same?

Section 21 does not apply here as there is no deposit so you could at a pinch remove the girl's things but would be advisable to get her to collect them.

Alternative would be to apply for a Section 8 via the courts (recoverable fee of £150) for non-payment of rent being 14 days in arrears but this does seem overkill.

Does your daughter have no idea where this person is? Best solution would be to negtotiate a way forward and removal of property.

Whatever - do not do this one again! If subletting do it weekly as a lodger and no deposit so that can be ended swiftly or do a 6 month proper AST and take a deposit.

Mortitia

[deeparker]

Could we not keep her property as repayment of rent? The girl has resorted to name calling and nastiness to my daughter and communication has broken down which is why we are in the predicament. We have had to change the locks due to an attempted break in but have left a contact number in the window of the property so she can contact us. My daughter has now decided to move back home but we would still need to re-rent the property but cannot do so whilst this girls belongings are there.

[deeparker]

The sub-let was done with our knowledge but was not mentioned in the tenancy agreement

[Mortitia]

Keeping her property could be construed as theft so don't confuse ending her occupation with taking goods to the value of.

If you have changed the locks then you must allow her to have her stuff even if she does not appear to want it. What is the name calling and bad feeling all about? Is it just that she wants to live there rent free?

Unless you know she has money going for the back rent via the courts would be pointless and expensive - don't forget there is only a verbal tenancy agreement and the whole exercise could be a legal minefield.

Just concetrate on getting her stuff outside to the garden, cover it up and let her take it. (I bet that works). If not gone in 7 days then take it to the tip or try to negotiate the bed for the rent but if she agrees then make her sign a document to that effect.

Try to negtotiate a settlement every time rather than take court action because of length of time and costs. Step in yourself or get someone else to try and reason with her.

Mortitia

[Eliteclaimsservices]

Keeping her property could be construed as theft so don't confuse ending her occupation with taking goods to the value of.

>>If any of the following are served, then theft is a non-starter. A notice of lein or a Notice pursuant to Section 12(3) Torts (interference with Goods) Act 1977 is served, this can be at any known address, if no address is known then the notice could be sent to the last known address, that being the rented premises.

>>A person can only be guilty of theft if, s/he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it (simple version)

[Grampa]

Is the person a lodger or not?

If your daughter rented a room to this person and paid rent to your daughter and your daughter was living in the property then there is no question about it, they are a lodger with few rights.

This isn't complicated.

1 Remove all the lodgers belongings into storage. Very important, take photos and write a inventory of the items.

2 Re-let the room and try to chase the ex-lodger for rent owed.

[LLAW96]

Agree with Grampa on this one, resident landlord no exclusive possession, they are lodgers and most likely an excluded licence. The issue of bailment arises in relation to her possessions in that you should take steps to preserve her left over belongings for a reasonable period of time.

[deeparker]

But how long is considered a Reasonable period of time ?

[LLAW96]

Your starting point should be The Torts (Interference with Goods) Act 1977 this allows a landlord to sell goods left in a property if reasonable efforts to trace the tenant or owner of the goods fail. The Act further states that if the tenant is traced, the landlord must serve notice stating its intention to dispose of the items, how to arrange collection, and that disposal of the items will not begin until the notice has expired. Do you have a forwarding address, mobile number you can text, family member you can inform? In effect what reasonable steps can you take to reunite the property with the owner. The time limit for a traced owner is three months, In relation to untraced occupiers it will depend what steps you have taken to trace and the expiration of a reasonable period of time for an answer to reasonable period of time see how long is a piece of string.