Lodger tried to claim Crisis Loan to pay rent, failed & owe rent

[HP Mum]

Afternoon

I think I am in a pickle.

 

I have a lodger - not a tenant - who is in a bedroom in my home. He moved in, supposedly for just a couple weeks, paid one week in cash and said the rest was coming by bank transfer from overseas.

 

He is a gentle softly spoken man, with talk of expensive overseas property and big deals and I was lulled into a sense of confidence that the rent would come. He seemed such a nice man.

 

I kept chasing him and he kept promising the money was coming. But 5 weeks have now passed and I have had nothing other than the first week's cash payment. At the w/e I told him I absolutely must have all outstanding and one week in advance by yesterday. Nothing arrived.

 

 

Today, the mail was delivered as I ran out the door. Once I dropped my kid off at school I quickly opened all the mail, without paying too much attention - only one letter was not for me - it was for the lodger and I had opened it by mistake. I know it is illegal to open other's mail so I am nervous about admitting this, but I never gave him the postcode or said he could accept mail at my home.

 

However, it was a letter from the DWP rejecting 2 claims - one for a Crisis Loan and one for food. Now I am armed with this knowledge I do not know what to do. I confronted him about needing payment today, by close of business, or he would have to leave.

 

He looked me in the eye and said payment will definitely arrive by tomorrow, latest by Friday. But, clearly, he is relying on this Crisis Loan, which I know has been rejected and he doesn't yet know this... This means he has no means of payment and the longer he stays the more he owes...

 

 

Common sense says get rid of him immediately. But I know he is banking on me being nice - letting him stay with the hope of getting the 5 weeks owed rent.

 

 

Clearly he wants to stay as no hotel would allow him to stay without presentation of a credit card - and clearly he is maxed out and can't do this. I asked him to borrow the money from a friend, someone else to pay me by credit card, whatever means possible tonight. He is fudging on that too.

 

 

If I chuck him out I will never get what is owed. I had really banked on this money coming in to pay my own bills etc.

 

 

I am so furious with myself that I have allowed this situation to happen.

I do potentially have others who can move in if he leaves. Do you think I should just write off the 5 weeks and get someone else asap ? This will really, really hurt me.

 

Does anyone else have any good ideas on how I can guarantee getting funds from him ?

 

Also, do you think, if he was desperate enough to apply for a Crisis Loan, that he might have applied for Housing Benefit without askingme (I would have said NO), which will now cause all sorts of problems for me with the DWP ?

 

Any helpful advice is welcome...

[citizenB]

Ouch, not a nice situation to be in. For either of you - I think you must let him know that you have inadvertently opened mail meant for him. - He needs to be aware that his loan has been turned down and would be grossly unfair if he believes his going to get it.

 

As for the rest of the situation - only you can decide what you need to do.

 

I am sure others will be along with some advice for you.

[flumps1976]

Have you drawn up a rent agreement with him?

If not then he would have been turned down for help with rent via crisis loans.

I don't know about getting rent payments from him as basically of you don't have an agreement then you may not have any roghts to pursue te money from him.

I'm sorry but I can't advise what you can/need to do.

Hopefully someone else with better knowledge will be along to give some advice.

[assisted blonde]

Where did you get this lodger from did you advertise or was it through someone you knew, if you have no formal agreement then if he dosnt pay throw him out. Also is this your own home or rented as if its rented you may not be allowed to take in lodgers.

[HP Mum]

I have no Agreement with him, other than emails agreeing he can come stay in a room for a week or two - he has just stayed longer than I expected and now owes all this money. He came through a website, unknown, but seems a nice enough guy - apart from not paying, that is. He is from over-seas, Europe.

I have emailed him weekly invoices. And he did re-ask me to print them out the other day. So they have my name and address and the amount payable in writing.

 

It is my own owned home, not rented.

[HP Mum]

I did a check this afternoon - it seems his UK biz was dissolved in Feb. With the big talk he said he had 2 nice apartments in key areas in the USA. Today I asked him if he was renting out these properties and getting incomes - he fudged this issue too...

[antone]

My instinct here is to chalk this one up to experience, kick him out and accept that you got burned. It's a horrible situation to be sure. If you're feeling kind you could issue a final ultimatum (though he's ignored those you've given him up to now, so I wouldn't hold out much hope) and say you need full payment by...well, I don't know, give him a week maybe?

 

Regarding Housing Benefit, anyone can submit a claim (and you don't need your landlord's permission to do so) but it strikes me that there is no way in heck he meets any condition of entitlement, and without a written tenancy agreement I'd say he can claim all he wants but he won't receive anything.

[HP Mum]

I fear you are right. Bang goes my mortgage this month

 

I am going to have to take a deep breath this morning - a female now in a position of having to "evict" a grown man from my home.

He had promised, late last night, to sort out the funds over night by this morning. I hope that he borrows the funds and then repays the "friendly lender" later, rather than leaving me in the lurch.

 

However, the trust between us is broken and he has to go. He lied to my face, trying to keep up the "big business man charade" - obviously not knowing that I know his true circumstances. What else could he lie about? I have kids, and have valuables lying around and now I am on alert that things could disappear... It is most worrying..

[stevo7790]

Hiya HP Mum,

 

A long time ago when I lived in Manchester, I was self employed and had a decent house all to myself near the City Center. I could manage the bills and mortgage but it isn't always nice being on your own.

 

So I advertised for a lodger, since you get lots of students in Manchester and I was fresh out of Uni myself but self employed and doing alright for myself... well you would think it couldn't be too bad? a bit like yourself, it was absolutely horrendous, 3am returns, phone calls asking for a lift, mess left around the house... I'd come home and find other people in the house or say for example I'd go in the fridge and my stuff would have gone.

It lasted 2 months before I told the student he had to go, I've lived in Student accommodation but never treated it like a doss house, so didn't want my house treating like that either, although when he left he filled the path to the side of the house with rubbish from his room, took 7 bin bags to get shot of it all. I think he keyed my car too but I was just glad it was over.

 

So I feel your pain too, you try to do a good turn and it comes back to bite sometimes.

[HP Mum]

Yes, I have had that experience too ! Most recently with an adorable artist who just had no house-sharing skills and regularly woke me in the middle of the night as he had left the key elsewehere - but he was nevertheless kind, social and lovely and did pay !! But it was a bit like having a 3rd kid !! This lodger, however, I am worried about as I think he is very vulnerable and trying to appeal to my soft spot... I can not condone no payment anymore and am forcing myself to be tough...

Thanks for the empathy comment ...

[citizenB]

I really would advise you to have your locks changed once he has left.

[citizenB]

http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline

 

I see no reason why you couldnt telephone them and explain the situation - see if they can offer YOU any advice ?

[assisted blonde]

If you are worried about telling him to go do you have a friend who could be in the house with you? and yes change the locks is good advice. Finally if you want another lodger try and get a weeks advance rent and a week in hand/deposit then is the second week dosny materialise tell them to go right away, just like a hotel would. good luck

[worried33]

Given my recent experience with crisis loans I would be extremely surprised if they gave him enough to pay you 5 weeks rent.

 

I was told the upper limit is less than the dole for a single person, and on top of this they dont accept rent as living costs.

[HP Mum]

Thanks everyone.

The letter was rejecting his applications for Crisis loan and food loans of £700 and £900. To me, that seems a high request which was almost bound to fail. I suspect he inflated the request to cover food, living and rent without it being classified as rent on the application.

 

Yes, I think a friend could be useful. I am nervous. When people are desperate they can change personalities.

 

I might well ring Shelter for advice - if £s do not materialise in next few hours...

He has suggested using paypal - guess from a friend's account. But I am worried that a payment could appear to have been made and then could be retracted in a few days/weeks time, leaving me out of pocket still. I think that can happen with paypal can't it ??

[jackieandwayne]

HPmum, please do make sure you have someone with you. You don;t this guy from Adam. I reckon if you were to have a word with you local coppers (SNT) if they happened to be on shift I'm sure one of them would spare you a few minutes whilst you see the guy off the premises. (Although remember, I am in Dorset, and things might be different where you are!). Local coppers don't like breaches of the peace round here.

 

Now, going back to the need for lodgers, have you thought about speaking to your local housing dept, because very often they keep what is known as "the lodgings list". When they have people come through the doors who cannot be rehoused as no priority need, they very often refer them on to the landlords on this list. Or, you could see if they have any young girls expecting babies who would otherwise be stuck in a B & B or hostel. I used to do that years ago, and I also took a couple of young girls from the probation service. If you go this route they will come and check you out, but that's ok, because at least you know that if whoever is your next lodger plays up, you will get back up immediately. This might be safer for you all round.

 

Oh yes, do change the locks immediately. He might give you your key back but it only takes a minute to have one cut.

[HP Mum]

Thanks

You are not supposed to be able to cut a Banham key.

Unless there is a black market I don't know about ??

 

He has said money is enroute today and I am going to hang off calling Shelter.

I hope he doesn't read this site ?

[assisted blonde]

Please dont give in to his promises of money coming even if some appears today I still think that you must ask him to leave and look for someone more reliable.

[HP Mum]

Some money did appear. A few £s.

He advised he had set up a paypal account and he was testing to see how it worked and to get validity of the account.

He then said money would appear later - it hasn't at midnight. And he said more would arrive tomorrow. I suspect he is banking on these crisis loans to arrive tomorrow...

He said someone would help him move out tomorrow.

Is it wise to double lock the door and prevent him taking his possessions until payment arrives ?

Can I do this legally? I did a quick check on Shelter's website and it seems he comes under the catagory of "excluded occupier", ie he has very few rights as he lives with the landlord and shares facilities, I don't need a court order and do not have to give him any reason why he has to leave. But I do not want trouble on the doorstep from a desperate man...

Gosh...

[HP Mum]

I do worry about his state of mind and health.

He must be sick with worry about having no money and now nowhere to live... And he also told me today his mother is dying...

I feel horrid to be chucking him out - but I just can not support another person here...

[antone]

On its face, I would say it is not wise to take his possessions hostage. But this is not legal advice and I am not a lawyer. If you like, I can move this thread to the Lettings forum to see if anyone there has any more useful advice, since most folks here are experienced with benefits, rather than landlord/tenant laws.

[HP Mum]

That might be useful. Thank you.

[antone]

OK, I have moved your thread to the lettings forum.

[nohope]

He advised he had set up a paypal account and he was testing to see how it worked and to get validity of the account.

That sounds like just another way of keeping you waiting.

If he can send money from it then its been varified and redy to use. As far as i can remember, you can not send or receive money through paypal until you have varified your details which is where they send the small payment to your bank with the varification code on it. Sounds like rubbish to me, Think you'l find its either a friends or he's already got one running and just doing it to keep you hanging on as long as possible.

 

And he also told me today his mother is dying...

In that case shouldn't he be with his mother and not there ripping you of for more money as each day goes by? I no thats sounds harsh but its true..

 

I no a few people that have had this trouble before and they have had the person ejected from the property and goods kept if of any value to cover missing rent or held until the lodger pays up. I no thats what i would do.

 

Get a few friends round and have a lodger removing party if he's not already left by now. Even if he does manage to pay today i would still get him out as it will just happen time after time, he just sounds like a con man to me and wonder how many others has he sweet talked and then not paid rent to.

[assisted blonde]

I dont thinkl you are going to get your money, so get him out, dont keep his possesions its not worth it, dont fall for anymore of his stories though, mum may have died, he may have set up a paypal account, he may have supernatural powers !!!

You can give him the telephone numbers of Shelter,council any charitys that you know of as well, and then you need to forget about this, you cannot do anything to change his situation.