My teanent refuse to sign the leaving notice

lynzpower

PasturesNew wrote: »

I am not sure she is a lodger, the OP says if they "sent a letter she wouldn't be there to receive it". But if she were in their house there'd be no need to send her a letter.

Viggario - are you in the UK?

I wonder if this is an HMO. I wonder if this is in the UK at all. This "leaving letter" is not anything that would appear to be legal in the UK (it'd be a Section 21 Notice or similar).

I suspect the OP is foreign.

Exactly!1 there really seems something rather unusual about this story.

I dont think this person is a tenant, but then again im really not sure this person is a lodger either.

Justicia

PasturesNew wrote: »

Viggario - are you in the UK?

I wonder if this is an HMO. I wonder if this is in the UK at all. This "leaving letter" is not anything that would appear to be legal in the UK (it'd be a Section 21 Notice or similar).

I suspect the OP is foreign.

viggario wrote: »

Yes, we live on the same house. England
cheers

.................

real1314

viggario wrote: »

Hi.
Sorry to post this here, but i need some help.
i am renting a house, and one of our teanants is refusing to sign a letter that we gave her as a "leaving notice". she is refusing to pay here share of the bills, and we need the room where she is, to have a member of our family there.
we gave her the notice letter, but she refuses to sign as she ad the aknollegement of the notice, and she keeps saiyng that she will not be moving out.
what can we do?
P.S. We rented the house to a real state, and we "sub-let" the room to her.
She is never at home during the day, so if i send her a recorded letter, she will not be there to sign, and she is going on holidays after tomorrow.
we do leave at the same house.

Thank's in advance

1. Do you live in the house in which you have rented a room to her?
2. If you don't, are all the rooms let to different people?
3. How many people rent rooms from you in this house?
4. When did this person move in?
5. Have you been receiving rent from her?
6. Is there a written tenancy agreement?
7. Do you own the house or do you rent it from someone else?

Please try to ensure that you answer, and any questions you want to ask, make sense. There can be a huge difference in the meaning of a sentence if words are changed slightly. As an example "We rented the house to a real state" makes no sense at all.

not_loaded

There needs to be some leeway here.

I have a strong feeling that English is not their first language…

viggario

Hi, Thank's to all your help.
No, i am not english, i am Portuguese living in London.
I am living in a house that i have rented thru an agency.
As, she is (was) our friend, and she needed a place to stay, urgently, we decided to let her the room that we where not using, as she said that will be just for a short term, couple of weeks till she finds a place.
so, the "landlord/agency" does not know that there is other persson in the house, we did not ask for permission, as was just temporarly, big mistake, for what i can see, i should have asked for permission before.

but, whit the time she stayed, of course, paying me some rent (( very, very low rent, and a share of the bills, electricity and gas))
but then she starded causing problems in the house, and now she is refusing to pay the bills, and refusing to leave the house. i really don't know what to do. i don't want to cause her problems, but i don't want to have problems either.

i gave her a notice letter, and asked her to leave by the 7 march, i was polite with her, but she just says that she will not leave, and will not sign any letter. as, she says that she will pay no more bills.

i really need advice, as i made the big mistake of not asking permission from the leeting agency/landlord.

Hope that i was clear know.

Very, very sorry for my bad english.

cheers

not_loaded

There are ‘friends’, and there are ‘friends’. (how’s that for bad English?)

This ‘friend’ of yours clearly has the attitude that you should (effectively) pay for her friendship, and is relying on you continuing to be kind to her.

You say “…she is (was) our friend, and she needed a place to stay, urgently…”.

So, you’ve been a good friend, even to the point of breaching your tenancy agreement, and now it’s time for her to go.

She is stealing from you at the moment, so ask her if she has other friends around that she can swindle and deceive?

speedtwin

In my view she is a lodger of the tenant as the arrangement was made between tenant who is the live-in landlord of the lodger and therefore has very little rights. Tell her to leave within 7 days and if she doesnt dump her stuff outside and change the locks. Then go to the agency who manage the property and explain you have changed the locks due to losing a key (white lie) and give them a copy as they normally have one. Problem solved

not_loaded

We can see from what you’ve said that you’re a nice person, but you are going to have to be tough with her. It is inexcusable that she insults you by not paying as agreed.

You have been too reasonable and too kind! Imagine that she (or another ‘friend’) went to your wallet and took your money. Clearly that is NOT what friendship is about.

As I said in my post #12 above, ask her to leave with all her possessions by, say, 5pm Saturday 14th February. If she argues, suggest she gets legal advice. She can go to the CAB just as you can for advice.

If not gone on the Saturday she still has the Sunday to think about it and work on it. Then, as I said, if she hasn’t got the sense to leave in an organised manner, then fit (or get fitted) new locks on Monday 16th February while she’s out.

You might want to hold on to her possessions until she pays what she owes.

PasturesNew

viggario wrote: »

I am living in a house that i have rented thru an agency.
... we ... let her the room that we where not using

She is a lodger. A lodger has no rights. It is legally OK to change the locks and pack her things up. It is NOT a good idea to put her things out on the street, but it is OK to change the locks and allow her to get her things (e.g. you might hand her them through the front door, or maybe put them into short-term self-storage and simply give her the access key and shut the door in her face.

viggario wrote: »

... the "landlord/agency" does not know that there is other persson in the house, we did not ask for permission, as was just temporarly, big mistake, for what i can see, i should have asked for permission before.

Asking for permission would not have changed anything as she was just a friend staying. A friend who has stayed and now needs to go.

viggario wrote: »

... refusing to leave the house... i gave her a notice letter, and asked her to leave by the 7 march, i was polite with her, but she just says that she will not leave, and will not sign any letter. as, she says that she will pay no more bills.

i really need advice, as i made the big mistake of not asking permission from the leeting agency/landlord.

It is nice you gave her a letter. There was no need to do this.
It is nice you gave her notice. There was no need to do this.

She is a LODGER. She has no rights. Do not worry about the agency finding out - she is a friend who came to stay and won't leave.

The best thing to do is to let her know that when she returns from her holiday, her things will be packed by the door ready for her. Change the locks (you can just replace the barrel).

If she can afford to go on holiday, she can afford to stay in a hotel from now on until she finds somewhere else to move to.

Legally speaking, you could pack all her things up and put them on the front lawn for when she comes home from work ... but that's not nice. If it were me I might take her belongings to a self-storage unit the day before she comes back from holiday, pay for it for a week or two, then give her the receipt and key and a copy of the paper/yellow pages when she comes back from holiday and not let her through the door. Change the locks.

viggario

Thank's to all of you, for you time giving me information/ideas,
i really apretiate it.

i will try do deal with this with diplomacy,(even if i dont need to, but i would prefere to solve the problem nicely) but if she decides to keep doing like she is, i will for sure, change the locks, or, as Pasturesnew said thake all her stuff to a self storage unit.

Thank's to all of you, once more.

cheers

Viggario