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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have two lodgers residing in my property who have already

Resolved Question:

I have two lodgers residing in my property who have already caused significant damage. There final months rent is due on the 5th of this month but they are refusing to pay with the excuse that their deposits (which is the same as a months rent) can cover it - because they know that due to the damage they've caused, that they won't be getting there full deposit back.
I don't want the lodgers residing in the property without the cover of a deposit. There behaviour is also threatening.
Can I secure the property against them whilst they are out like it says in the lodger contract i asked them to sign? And, can I use what's left of the deposit to cover their missed rent?
Thanks in advance.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : my name Alex and I will help you with this
Alex Watts : please let me know whether three is a written contract ?
Customer:

Alex. Yes there is, we filled out and signed the WH Smiths lodger agreement Law Pack.

Alex Watts : Ok. Is there a termination clause in the agreement ?
Customer:

9. If at any point the lodger is in breach of this agreement or any sums due under this agreement are more than 14 days late, this agreement will terminate immediately without any form of notice and the householder will be free to secure the Property against the lodger.

Customer:

That's clause 9 of the agreement

Alex Watts : Thanks, ***** ***** fair you should really give some notice, how would you like it if you came back and you had been thrown out of your home. But I understand.
Alex Watts : So you can change the locks and then inform the police in case there is a beach Of the peace.
Alex Watts : So yes you can secure the property whilst they are out and yes you can use the deposit
Alex Watts : Can I clairfy anything about this today please?
Customer:

I advised the lodgers on the 26th of last month that if they still fail to refuse to make payment by the time it's due (5th november) then we would secure the property as we did not want then residing in the property without being covered.

Customer:

Can we use the deposit to cover missed rent or just damage?

Customer:

fail/refuse*

Alex Watts : Yes you can use a deposit rent and damage yes,
Alex Watts : Does that help?
Customer:

Ok great thank you. So just before I leave this chat.. Just so i'm clear. Their original move out date was the 4th March, which saw the end of their 6 month agreement. The payment they are refusing to make payment the final month - due on the 5th February. If I secure them from the property on the 6th February to pay the final months rent; I presume I can only use the their deposits to cover the damage and not part of the the final months rent, as although the rent is due within their fixed term agreement, they won't be residing at the property during that period?

Customer:

thanks again

Alex Watts :

Correct.

Alex Watts :

Can I clarify anything else ?

Customer:

No that's great thank you. Thanks help.

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