Re: Lodger...Wrong Choice? Help Please

caljoemor

A lodger lives under licence in your property and the agreement you have is not covered by the Housing Act as you are a residential landlord.

A tenant has an agreement and usually has to enjoy quiet enjoyment of the property they are covered by the Housing Act and there are guidelines that need to be followed before eviction can go ahead and possession of the property handed back to the landlord.

You have a lodger living under licence not covered by the Housing Act therfore there are no guidelines for you to evict that lodger and you can do so without giving a reason anytime. To cover your back though notice should be given based on how and whwn rent is paid i.e weekly one weeks notice etc.

Hope that helps!

Strapped

If he made you feel threatened then I agree that changes the situation. It is clearly unacceptable. But am I the only one who finds it a little surprising that Amy only mentions this now?

caljoemor

Wanted to advise you that your lodger may be covered by the Protection From Eviction Act 1977 which states that at least four weeks notice must be provided. I will look into this in more detail for you and get back to you tonight if that is any use to you?

poppysarah

Strapped wrote: »

If he made you feel threatened then I agree that changes the situation. It is clearly unacceptable. But am I the only one who finds it a little surprising that Amy only mentions this now?

No. But she's a nice person who has probably had to be told how he treats her is wrong.

beaujolais-nouveau

caljoemor wrote: »

Wanted to advise you that your lodger may be covered by the Protection From Eviction Act 1977 which states that at least four weeks notice must be provided. I will look into this in more detail for you and get back to you tonight if that is any use to you?

No, he isn't covered. See section 3A

http://www.letlink.co.uk/letting-statutes/statutes/protection-from-eviction-act-1977.html

(1) Any reference in this Act to an excluded tenancy or an excluded licence is a reference to a tenancy or licence which is excluded by virtue of any of the following provisions of this section.
(2) A tenancy or licence is excluded if -

(a) under its terms the occupier shares any accommodation with the landlord or licensor; and
(b) immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part.

(3) A tenancy or licence is also excluded if -

(a) under its terms the occupier shares any accommodation with a member of the family of the landlord or licensor;
(b) immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises in the same building as the shared accommodation and that building is not a purpose-built block of flats.

caljoemor

beaujolais-nouveau wrote: »

No, he isn't covered. See section 3A

http://www.letlink.co.uk/letting-statutes/statutes/protection-from-eviction-act-1977.html

Thought as much just didn't want to give any advice without properly checking - thanks!

Amy78

well to be honest since i talked to him
he clearly avoids me so i did not get the chance to talk to him again and give him notice
we are at the point that no Hello is even said
i dont care if he can not respect the fact i work in the week and that when he comes back late drunk and do noise with his GF then he probably will leave by himself as the situation is now to the point we are avoiding each other
i know i am in my rights and if he is not happy by the fact i told him she could come in week end but not in the week then not my problem
he is now playing the guy oh i dont talk to you well that does not affect me at all
if i can see him before i go then great if not i will tell him when i am back
simple as that
my neighbourg told me he obviously avoids me as he knows i will ask him to leave.
so when i am in the flat he goes out without even saying hi or bye
and i am still waiting for 2 bills to be paid before i go which i dont think he will pay before i fly for holidays.

DKLS

Tip for your next Lodger if you still fancy sharing your home.
I get mine from the local hospital, I advertise on the staff notice boards. Mainly as medics seem to be a better quality of lodger.

The last one I got was a Malaysian Consultant, who was perfect, he worked long hours, and when he wasn't working he was studying. He was house-proud, paid his rent on time, caused no bother and cooked the meanest Malay Curry .

The phone bills were huge, but he was the one who sorted the bill and paid his share on time. I was sad to see him go.
Yet we remain friends and I have an open invitation to stay with his family in KL.

Will be looking for another at the end of January. OP go for a quality lodger with standards, make the rules clear from day one and you should find it can be a positive experience.

poppysarah

Give notice by letter if he's avoiding you.

Amy78

thanks DKLS i will keep the tip in mind
thanks for the tip to write him a note
though i am a day from going away so i will ignore him too then until i am back and then tell him especially as bills were not paid in due time