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Getting rid of an unwelcome lodger

24

Comments

  • savemoney
    savemoney Posts: 18,125 Forumite
    Part of the Furniture 10,000 Posts
    Better now
  • maryotuam
    maryotuam Posts: 506 Forumite
    Yes give him one week to find alternative accommodation. Pack his belongings and itemise. Change locks and hand this unwanted trespasser his belongings. It would be nice if the old gent had some friends and family round for back up in case the guy was intimidating.
    It's great to be ALIVE!
  • CHR15
    CHR15 Posts: 5,193 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Take his garbage belongings to the "Friends" who persuaded your dad to take him in. Let them suffer the sponger..
  • c_smith
    c_smith Posts: 383 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    He has no rights whatsoever. Instruct him to leave and if he refuses call the police and they will get rid of him for you.
  • trevormax
    trevormax Posts: 947 Forumite
    Part of the Furniture 500 Posts Name Dropper
    get your father in law to

    1) watch psycho over and over again
    2) stand over the unwanted guest while he sleeps to freek him out (maybe offer him a cup of tea if he wakes up).
    3) start walking round the house with a knife while mumbling to him self (not threatening the guy or anything)
    4) mention how the last person who stayed over had an unfortunate "accident" and then do an evil laugh (preferably while there is a thunderstorm :p)

    Or if he isn't into messing with the guys head, he could just do as others have mentioned and chuck out all the guys stuff while he is out.
  • ABH_3
    ABH_3 Posts: 1,211 Forumite
    edited 1 July 2009 at 5:14PM
    Ok, I suggest getting GOOD legal advice in this matter.

    Hopefully, the guy won't know what hit him when you eject him. It could however get very sticky, hopefully it will not and everything will be fine.
    It could have been worse. At least source code's not combustible, or you can bet somebody at McAfee would have lit it.
  • pinkshoes
    pinkshoes Posts: 20,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ABH, I think that's a little over the top.

    He's a lodger, lodgers have no rights, and to be polite the owner just needs to issue him with 1 week written notice to move out.

    He's already overstayed his welcome.

    If he then doesn't move out, further action can be considered, but as the guy hasn't paid rent, doesn't have his name on the lease etc... then if the guy kicked him out, chucked his stuff out, and changed the locks, there is very little this guy can do, as he can't even prove he lived there!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • ChrisCobra
    ChrisCobra Posts: 1,647 Forumite
    He is a lodger and has no rights there or a contract.
    Go and get some of your friends to go with you and just tell him to get out , put some pressure on him and get rid of him there and then. Nothing says get out like 3 huge blokes staring at you with dagger eyes.
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    ABH wrote: »
    BE VERY CAREFUL HOW YOU HANDLE THIS SITUATION: I've put this in capitals so it gets your immediate attention.

    Furthermore find someone whose an Expert in this field. Otherwise your Father-In-Law could conceivably come off much worse from this situation.

    All of this 'just throw him out', 'he's not paying rent, he's got no rights' etc should be ignored. Truth be known, the 'lodger' could make things EXTREMELY difficult. It's a shame theres nothing in writing too, as that would have cemented everyones intent when the 'lodger' moved in, it would have made things much easier too. Be aware however, this could cost your Father-In-Law dear in the process, unless something's changed in the last 5 years or so.

    It could cost your FIL his house!

    It's at this point I hear those people who have read this part of the post shouting 'Rubbish!' 'You don't know what you're talking about, he's talking rubbish... how can he have any rights... etc'.

    The problem here is that for a small time he was collectively referred to as 'the lodger' which implies that he was giving something of worth\value in exchange for board and lodging. This is judging purely on what you wrote above. So even though he may NOT be paying for room and lodge, he maybe 'contributing' towards the upkeep of the property in some way or providing a service, he may 'pay' in some way other than in monetary terms for his tenure.

    So it's EXTREMELY important that your Father In Law doesn't allow this to happen if you've any chance of getting rid of this userper. That means NO favours, No accepting him 'just sitting here and keeping you company', No 'odd jobs', not even passing the salt over lunch. Nothing! No Contributions from him at all! Nothing!

    It's extremely important that if you engage a solicitor during this process that your FIL labours the point that HE makes NO Contribution towards the upkeep of the home in ANY way shape or form. He's overstayed his welcome and your FIL wants his home back.

    Why? You ask about all of this, it's because I've been witness to several claims of this sort, with people who have userped their way into properties and have then laid claim to them.

    In one a family was totally destroyed when a young daughters 'boyfriend' stayed overnight without invite.

    In another when a 'lodger' was removed from the property, he went out and returned to find his belongings outside the house instead of inside as he expected. Believe it or not, your FIL has a 'duty of care' towards not only the individual 'lodger' and that persons 'belongings' that means to keep them safe and free from harm.

    When they were ejected from these properties, they then turned around and sought damages from the other party on the basis that they 'contributed towards the maintenance of the property, and in doing so the householder accepted their 'labours in lieu of rent'.

    This is a difficult and tricky situation on various levels. Anyone with a legal standing in this fora will know this, because not only is the above possible if your FIL were to wish to remove himself from the property, afterall it's not easy living with the constant pressure\stress of the situation, especially when there maybe a fear of violence as tempers flare up, or when the other party is likely to start being pedantic, argumentative or overtly polite sugesting such that 'I'll sit here and keep you company' or 'I've brought us a paper to read' normally you just ignore them or find yourself space elsewhere, not easy when the 'space' you're arguing over is your own home, but in this situation you're expected to make things Extremely Clear and remain Polite, that means physically getting up and moving to another room without comment.

    If the person follows, then do the same again - repeat for as long as it takes untill they have had their fun and don't give into temptation and let their temper get the better of them. As to do so will essentially put the other person in the 'right' or at least their Solicitor will make it seem that way. Your FIL's 'aggression' could go against him, the 'lodger' could conceivably have your FIL ejected from his own property, and the Police will do this. They will be reluctant to get involved in what will be a 'civil' matter anyway. What's more the 'lodger' could then claim that by your FIL's actions he has 'abandoned' the property and if you've read the 'benefits' forums lately, 'intentionally making yourself homeless means NO benefits', no chance of being rehoused by the local authority etc.

    This is a legal quagmire make no mistake, and what's more it maybe a costly one both in terms of health, personal finance and stress. Hopefully your FIL will qualify for what's left of the legal aid allowances. Also be aware he will need a bolt hole if this all gets 'ugly' which it will as soon as he gives 'the lodger' the letter. But no matter how ugly it gets, your FIL will have to return to the residence and stay the night as otherwise he won't be able to claim it's his primary property if he can call on friends to put him up.

    HTH and Good Luck to your FIL.

    how would the lodger proved he contributed?

    if he had...
    Back by no demand whatsoever.
  • rev_henry
    rev_henry Posts: 4,965 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    how would the lodger proved he contributed?

    if he had...
    How would the lodger even prove he had ever lived/stayed there?
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