UK Landlord Forum / Life

I took a lodger on several months ago. We had no written 'agreement' in place but discsussed payment dates, desposit and bills that were included. It is a 2 bedroomed flat, sharing all communal areas. Neither bedroom has a lock on the door and he often leaves his door open. I look inside once in a while when he is out to ensure all is in order. I am away a lot as my partner lives in a different town but trusted him to treat the place with respect. Things were fine for the first few months, then I started noticing the bathroom being left very dirty, and deep cleaned it myself on two occasions affter I had come back from being away. I also noticed the landline phone being used (showing on BT bills), which I had said was not alllowed.
More recently I came back to the flat one day to find lots of female property lying around in the bathroom etc. I contacted him to ask about this and he said he was away working for the week and wanted his girlfriend to 'look after his room' whilst he was away. I became angry and told him she needed to leave, which she did.
I then found out from some neighbours that the girlfriend was staying there a lot on the nights I was away. After a fiery telephone conversation over this, I gave him notice to leave at the end of the month (a notice period agreed at the start of his stay). He admitted that the girlfriend had been staying about 4 nights a week for the last few weeks. I put it very plainly that she was to stay no more than 2 nights in any one week for the remainder of his stay and that if he went against this, I would take rent out of his deposit for her. I was told I was being unreasonable but I stated that this was the rule. Since then I have found out that this has been breached when I am not there. When confronted, the lodger lies about it., despite my neighbour being able tp prove that she stayed over (her car in the car park all night).
I hev now informed him that I will be taking some money from his deposit to compensate for an extra person staying at the premises against my permission.
I have now been threatened that this is not legal and that I should have put his deposit in an authorised tenancy deposit scheme (TDS) - although he is not actually a 'tenant' at all.
During his stay he has lost a key to the flat and also put lots of holes (pictures up) on walls without ever asking me, which I intend to have him make good or charge him for the cost of repairs when he leaves.
Where do I stand with deducting anything from his deposit for the girlfriend and the walls/key etc?

Any advice would be greatly appreciated.

Hmmmm, I doubt you are going to like anything I can say here, but it is the truth as I know it.  My understanding is that a lodger IS a type of tenant.  Even if I am wrong, I would certainly have thought it wiser to treat them as such and draw up a proper agreement. 

I think it is a real shame you did not draw up a formal agreement, and your story is a good illustration of the dangers of not having one.  Everything is verbal.  Your word against his etc. so very much more difficult to prove anything.  Nothing is in writing, nothing signed up, so how on earth do you actually prove what rules you set back at the beginning, let alone what rent he should actually be paying you, what it includes, how utility bills are to be sorted out, and who is or is not entitled to live at the property?

As for the deposit, yes, since around April 2007 landlords have been legally obliged to protect tenants' deposits by lodging them with one of the government approved schemes, normally within a fortnight of the start of the tenancy.  I may stand corrected, but I am not aware that there is any exception for lodgers.  I would be surprised if there were any expemption.  You are still a landlord/landlady.  The Tenancy Deposit Scheme is one approved scheme, but I think you pay to use it.  The Deposit Protection Service (used by many on here) is another, and you don't have to pay to use that.  I'm afraid the penalties for not protecting the deposit can be quite severe! 

Under normal circumstances some of the costs you wish to deduct from the deposit (lost keys, damage to walls) would be considered reasonable, but you are on a sticky wicket if you did not protect the deposit in the first place.  However, with no written agreement it all then becomes much more difficult again.  If there was no written agreement about who was allowed to live in the property then how can you justify deducting costs for an additional tenant.  In writing you have no first tenant anyway, let alone a second one!

That is just my opinion.  You could try getting further advice and learning more about where you stand by speaking to Citizen's Advice.  You can bet that your lodger might do something like that.