Evicting a lodger

Photoshopguru

Hi,

This may turn into a bit of a rant.. please forgive me. I bought a house a couple of months ago.. I'm not entirely sure why.. I had 60k sitting in the bank gaining interest.. it was safe. I'm a year and a bit off 30, and now seemed the right age to buy I guess..

Anyway, I bought a 3 bedroom place, and took in a lodger. The lodger was the friend of someone I've been good friends with for over 10 years - so took that as a reference. I made sure I got a lodgers agreement - an off the shelf one from WH Smith. It basically states that he has no rights at all..

The lodger is a smoker, but promised not to smoke in the house and assured me he didn't smoke in his old place - I didn't want stinking furniture in my home. I had to go away the weekend we were due to move in as I was dating a girl in London.. (was.. bit fed up about that, she sparkled).. when I came back he had taken over my entire house. He had done the place out like down town Delhi.. Buddha's everywhere, candles and throw rugs. His furniture stunk of fag's.. He had placed his TV in the lounge and kitted out my kitchen with all his stuff - a greasy old George Fornby Grill, and microwave oven are still present. I have two bathrooms - one is for my exclusive use, the other he can use - but its not HIS.. yet he put cheap nasty mirrors up (the Asda value ones) and drilled screws straight into the wall to hang the things on. I told him I would supply mirrors on my return. It's my home and I want to put nice mirrors up. So I pointed out to him that he was only renting a room, and asked him to remove all his stuff from the rest of the house.. so he put it all in the garage.. not ideal, but at least it meant I could move my stuff in, and get the place as I wish.

I moved my tv into my living room, my bookcase etc etc.. my kitchen now has mostly my stuff in it. Good so far.. In July he gave me a cheque for the rent - one his mum wrote out. I left it in the kitchen.. I'm certain of where it was, but couldn't find it the next day. I asked him if he would be kind enough to cancel the old and get another.. he kept saying "yes I'll see my mum and get one".. he didn't.

On the 1st August he gave me another cheque - and sarcastically told me not to loose it. This cheque was for July - so he still had Augusts rent to pay. He said a standing order would sort this..

Meanwhile my solicitor contacted me.. they had messed something up, so I owed them an extra £1700.. this killed my bank account, putting me into my overdraft. The solicitor didn't even apologise.. she's friends with my Mum. Wont ever use her again. Plus all the other expenses - setting up a phone line (BT are monoplistic...) and insurance has meant I've shelled out about £2500 this month.. I ended up going over my overdraft limit by £1.09 and the bank has charged me £15 a day for it - because I didn't realise straight away. I now have no savings left.

Pay day is the 20th, but my boss always puts it in really late, which means we dont get it for at least 5 days. Worse - if the 20th a saturday, he wont pay us untill the following monday - even worse if its a bank holiday, we wont be paid till the tuesday - which means another 5 days before it hits our accounts. Anyway - thats a diversion from the main point..

I checked my account, and had yet to recieve his standing order. I asked him about it - he brushed it off. I pressed him for an answer two days ago, and he promised me its set up - and explained the reason it didn't go through was because he lacked the funds in his account... So I guess I have to check on Monday. He's quite a sluvenly sod.. really pretty disgusting. He smokes outside, but buries his fags in my stone chippings.. they now look a mess. I've asked him till blue in the face to put them in the bin. He says he will, but doesn't. I supplied cleaning stuff - and just made one simple rule - clean up after yourself . He doesn't.. the bathroom he uses is disgusting.. I got fed up of cleaning up after him so hired a cleaner. He works on a building site - I asked him to use the back door when he comes in - that way all the mud dirt etc goes onto tiles.. he doesn't do this. If he knows I'm about to explode he'll obey the rules as a token gesture.. but only for that moment - it means I cant complain at him. He uses the tumble dryer on a baking hot day rather than the washing line..

He brings girls back..which is fair enough - its their business. I think he must be part of some epidermiological experiment.. but, he has to order me about to try and make him look like some kind of Alpha male "When are you going to cut the grass" - my reply (and this spoilt his chances once, or the girl had sobered up, smelt him and came to her senses) is "when you pay the rent"

I dont think I'm being archaic.. he pays £300 a month, gas, water, and elec included. He also has phone and internet (provided he only makes landline calls from the phone as these are free) and cleaning stuff - washing powder etc also. All I ask is that he cleans up after himself, puts his fags in the bin and treats the place like a home. Nothing major.. nothing heavy. I dont think these are unreasonable requests.

I finally got round to having a housewarming BBQ last night. The cleaning lady knew about it, and put me on the spot, so I ended up inviting her. She brought her boyfriend with her, and a couple of people who quite frankly should have been on Jeremy Kyle.. unfortunatly they had a Jeremy Kyle like row (I wont share the seedy details), but one of my friends recognised Mr Jeremy Kyle as she had to fire him for stealing. So the Jeremy Kyle couple both stormed off, leaving the cleaning lady and boyfriend. The cleaning lady got so drunk she could hardly stand, she started ranting about how dirty the lodger was - which was a bit unfair, as the lodger was with his friends. The boyfriend carried her home. There were about 30 people at the BBQ - a mix of mine and the lodgers friends, it was a great night - till lodger got really drunk.. someone accidentally broke a chair. It was an accident, and accidents happen, I dont expect the chair to be replaced - but lodger started saying "Dont worry about it, smash another up, old moneybags can afford it he's a rich ****"

Well, at the moment I cant - but thats hardly the point. I'm also not rich - I work hard. It doesn't matter how much or how little you have nobody should be taken advantage of.. and I feel this turd is taking advantage of me.. and calling me moneybags.. I've worked my backside off for all I have. He can't even find £300 to pay his rent on time.. he has no bills as they are included! I'm getting wound up even thinking about it.. He kept calling me money bags, and I was getting progressivly more and more wound up.. I no longer saw a person but a fat, lazy, ambitionless, smelly, smoking, scabby pig who's devouring my house.. so I went for a walk lest I cause a scene. I didn't let it go, so in the morning had words with him - unless he sorts himself out in the next week I'll throw him out. He says I cant throw him out.

The contract says I can.. so what do I do? How do you evict someone if they dont want to go?

Writing that was cathartic!

dopester

That was hilarious !

It is either a joke or you are a bit of big softy allowing people to take advantage of you. Especially from the lodger's comments after the house warming.

I'm not surprised you hark-back to the days of having £60K in the bank, although I can't understand the logic of right-age-to-buy, in this market, and when you've got a boss who plays with payment frequency, and when lots of businesses are under downward pressures. Alas it is done now.

I have no advice for you as I'm not an expert about landlord issues or lodger issues but I wish you well. Seems to me you need to get shut of the lodger pronto, and then find a new one who is less hassle.

seven-day-weekend

You can evict him, he is a lodger, not a tenant and has virtually no rights.

http://england.shelter.org.uk/get_advice/advice_topics/renting_and_leasehold/sharing_and_subletting/lodgers
What tenancy status do lodgers have?

If a lodger shares facilities such as the kitchen and bathroom with the landlord, s/he will be an excluded occupier. Excluded occupiers have very few rights. The landlord will only have to give reasonable notice, which could be a very short amount of time, in order to evict them.
If you don't share facilities, the person renting a room is probably a subtenant rather than a lodger. This means that the landlord may need a court order to evict her/him.

Emma37

Why have you been putting up with this? Throw him out and get the locks changed.

mogimorgan

That sounds horrid. I would not put up with it. Heres what I would do, tell him to FCUK OFF!!! Get some balls and tell him he has 72hours to leave otherwise you will ring the police and get him removed for trespassing. Don't take any !!!!, its your home! You own it. He has no rights. He is taking advantage of you, stop it, he is laughing at you.

Don't let this one liltle child put you off letting to a lodger again, as I live with two people who one was a old friend and another I found on spareroom.com. Both amazing and always at work!

Get some balls, tell him to get out.

ceridwen

Errrr......well....the thought that strikes me is that one of the single most useful things you could do for yourself is to go on an assertiveness training course - just a couple of days thing - it neednt take long. Seriously! The lodger plays up, the boss plays up (ie not paying on time), the cleaning lady plays up.....there is a pattern here. People obviously think they can walk over you. I dont know why this is the case. The impression I have of you is that you are intelligent and that would seem to be confirmed by the fact that you had so much in savings at a relatively young age.

It is very sensible to buy a house when one has the chance - its not just a home, its a bit of security - the place is yours and no-one can chuck you out..whatever - just as long as you keep paying the mortgage.

So - my suggested plan of action is:
1. Find a suitable assertiveness training course and book yourself on it.
2. Work out a financial plan for yourself (I'm getting the impression this is something you arent doing at present).
3. Get rid of that lodger as fast as possible (and I personally wouldnt bother about much notice - they would be told to leave by the end of the week).

If I were you - I'd stick around a lot to "keep an eye on things" whilst the lodger is still there - just in case anything goes "walkies" or gets "accidentally damaged". That lodger sounds like the sort who would do both those things before they go - to be vengeful.

The SECOND they are out the door - change the locks right away!!!

They wont have much - if anything - in the way of rights - so you are free to do what is best for yourself in that respect.

Dont hand the damages deposit back until you have checked everything - throughout the house - not forgetting everything electrical (voice of experience!) (errr...you have got a damages deposit havent you?:cool: ).

I've had lodgers before now - so I have personal experience of many of the problems they can cause. There are good ones out there - but you have to be careful in picking one to be sure you dont get a "baddie".

Re the notice period - well: I've told one to pay rent owed by the following day or move out the following day. They tried not to do either - it didnt matter: I checked to see if the rent had been left there for me, it hadnt, so I changed the locks and they came back to find their stuff was packed (ie slung in dustbin liners) and waiting for them.

I reckon your shopping today includes dustbin liners.

Andy_Hamilton

Write a letter explaining that his actions in your home are totally unacceptable and not paying was the final step. Give him upto 7 days (or as long as you want) to get out.
Also send him a copy of this letter via recorded delivery (worth the £1)
Put all your important information (bank accounts, passports etc) out of his reach. The loft is good for this.
Try and make the moving date not a weekend as it gives them loads of free time to give you hassle.
On the day (and time) you said he was out change your locks. They are under £10 from screwfix and very easy to fit.
If he kicks off then ring the police. If he makes no effort to move then move all his stuff into the garage and tell him he has no access into your home, let him call the police.

lynzpower

totally agree.
I had a nightmare lodger myself once, and It was touch and go whether I would throw all her stuff out onto the road whether she knew of it or not.

I asked her to leave, gave her a few days- and she did thank god, although she did ask for longer and I just said no sorry, its over sort yourself out. Sent her the shelter page over email ( yes it had got that bad, she couldnt communicate witohut kicking off, and it was ruining my relaxed vibe at home which is v precious to me)

Lodger has no rights. lodgers aere probably the least protected of any of us legal-wise, and good for you that they have signed an agreement so at least on some level they know that. I didnt even bother with that, lodgers need to be fully aware they are living in someones house, and have ZERO rights.

Its your home, do as you please.

Keep the damage deposit for the chair. and think about getting a new lodger, preferably one who has lodged before . IN interviewing them, you could ask questions like:

1) who did you live wirth before and for how long?
2) why did you leave?
3) explain the layout of the house and what areas you had access to
4) are you a smoker? Do you know waht an ashtray is and how to use it
5) have you involved yourself in cleaning rotas and how has that worked in the past with your work/ hobby committments
6) what do I need to know about your work hours - are you away a lot? Do you travel with work? Do you work from home? etc
7) what are your hobbies ( tick for stamp collecting/ train spotting cross for heavy metal bands that practise in your lounge for example )
8) why are you looking to move now?

and so on.

Photoshopguru

Thanks, so it is just a simple case of calling the police if he fails to budge. I could physically evict him - I'm 6'3" and used to box.. but stopped because I once really hurt someone, and realised the whole thing was pretty barbaric.

As for the assertiveness course.. I find assertive people tend to be pretty rude. I can stick up for myself to a point.. I have no problem hitting someone who tries to steal my wallet. I run away from dogs though.. hate dogs. I try and be reasonable, give people chances, but usually what happens is that I just snap and go all out nuclear. Things get sorted, but bridges are always burnt.. maybe I need to find the happy medium?

As for the boss, the pay problems and numerous other things have been mentioned - not just by me, but all staff. They promise to sort it out.. but when someone is that stubborn what can you do? They don't recognise unions, so we cant strike. I'm going to leave soon anyway - I've had a blindingly good idea.. and have been developing it in my spare time. Already got two companies interested when its done. I'm about 3 months away from having a beta version.. Every time I go to quit they give me a pay rise - hence I've been able to save so much.. but I'd rather do stuff that makes people go wow, stuff thats fun. I don't really work that well for other people - but work great with other people .. if that makes sense.

Gonna have words with the lodger now.. I'm sufficiently wound up to defenestrate him, except he's too fat to fit through the window... I can see the funny side I suppose. He's quite pathetic, and will probably wind up dead and alone. I have the number of the local police too..

Edit - when I saved this some other people had posted. This site is really popular! this kind of traffic many would kill for - good work!

Ok, so I shall get all that stuff in writing and do the whole recorded delivery thing, at least that way everything is formal and has the smell of litigation around it.. If people think they are going to be sued, usually that's a boot up their backside to sort things out.. I'll also threaten to call the police should he fail to comply. This is going to cause problems, because he is mates with my mate - but my mate says I shouldn't worry about him..

Will interview properly for the next one.. will aim for a 25 year old non-smoking professional female (wont get any of that Alpha male crap with a girl) who's clean and tidy.. and she may have tons of non-chavvy female friends.. It'll change the demography of my BBQ's... :-D

trevor_john

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Andy_Hamilton

Local police may not get involved, 999 for an intruder in your home will.

I have a 3 bed house myself and also have a lodger.
I moved in, put my mark on it then rented a room. I can afford it myself but £300 per month for very little is great. Vet any further people and don't take in anyone who smokes if you don't.

I've never had a problem with mine in 5 months, yes there are a few extra things about the house but nothing I'm worried about.

If this idiot goes around trying to blacken your name, tell those people that he failed to pay as he had no money and has no problems wrecking your home then say hopefully the next person will not be horid like him.