Lodger backed out night before move, can I charge?

[Emm81]

Hi there, and firstly hi to everyone. I've been a long time lurker, but this is my first post. So hello!

 

I decided to rent out my spare room following a split with my partner last year. A lady visited, we got on, so she said she'd take the room and a move in date was agreed. This date had been agreed for two weeks - I'd even arranged to get a van and help her move - despite her living 80 miles away.

 

Anyway - last night, the day before she was due to move in, she informed me that she'd found somewhere else. I was obviously quite annoyed - as I'd arranged to leave work early, hire a van, not to mention the now shortfall in income and extra hassle of going out on finding another lodger.

 

What I want to know is, am I within my rights - morally and legally - to take a week's worth of money out of the advance rent payment she's made to me?

 

It's not on vindictive grounds - as her not moving in has left me in a bit of a short term financial hole, as obviously I was expecting her full rental payment.

 

Any advice would be gratefully received.

 

Thanks all! Emm

[MrShed]

Did she sign any contract with yourself?

[Emm81]

No, she didn't. As a lodger rather than a tenant, I assumed the whole legal standing was more relaxed...

[Steve__M]

My interpretation of the Housing Act 1925 is that until someone moves in, then either party can back out of any tenancy that is created by parol (oral contract).

 

It might be that you have a valid argument (moral or legal, I don't know) that she pay the van hire.

[MrShed]

This comes down to standard contract law.

 

If a contract was breached, oral or not, you are entitled to your out of pocket expenses.

 

However, it is doubtful that a contract was established in this case, due to the lack of acceptance of the contract by not moving in.

 

I would simply put this down to experience and move on.

[Emm81]

Could a 'contract' have been established by the fact she paid the advance rent? An obvious act of intent?

[MrShed]

Perhaps - yes.

 

As you may know contract law involves offer, consideration and acceptance.

 

This really depends upon whether the act of payment constitutes acceptance.

 

You can always simply contact her and advise that due to late cancellation you are out of pocket, and you will happily return the rent to her minus the out of pocket expenses. See what she says - she may be amenable.

[Emm81]

Yes, thank you. That may be the best route; like I said, don't want to be vindictive - just want to be fair.

 

In general I'm often too easy going and helpful (hence the offer to help her move in) and it usually ends up in me being mugged off.

 

Thanks for the replies guys, this foray into being a live-in landlady is certainly an experience!

[MrShed]

I agree that to be fair, she should reimburse - hopefully she will agree

 

Otherwise, you have the option of just doing it - chances are she will never sue.

[Steve__M]

Could a 'contract' have been established by the fact she paid the advance rent? An obvious act of intent?

 

Because no consideration was received in return for the advanced payment (ie. no tenancy was ever created), then the contract may not have been established.

 

I'd go with Mr Shed's recommendation. Negotiate your reasonable costs and see what happens.