Trouble with lodger

Jowo_2

It is the case that lodgers have few rights and protection from eviction compared to tenants because they are like guests and don't have exclusive possession of any part of the home but they can't be marched out then and there.

Without a written lodger agreement, I believe they are still entitled to reasonable notice period. If there is an agreement, the notice period should be honoured.

When a lodger remains past the end of this notice period then the landlord can change the locks - they don't need to go to court to end the occupancy. I have heard of police assisting with the removal of lodgers who no longer have any right to remain in the property.

G_M

alona1 wrote: »

Thanks guys!

Well this morning I've rang the LA ombudsman and they've advised me to raise a formal complaint through the local authority which I have started this morning so I'm waiting for someone to come back to me. If not, I'll raise it with the Ombudsman.

Fingers crossed I'll at least get something back. No more lodgers now, you'd have thought that as the 'rent a room scheme' is backed by the government - they'd back it properly. I'll continue to struggle on my own....

So although the council have already paid the lodger, now the tax-payer is going to have to pay again......?
No wonder the schools have had to sell off their playing fields (or whatever).

alona1

I also am a taxpayer and have been since I was 16. I've never been entitled to any help when I've needed it (been left to pay a mortgage and debt on my own) so when I decide to do something for myself and get a lodger in to help - who screws me over, yes I am going to make a claim. I'm just as entitled as the next person who claims all the other benefits. Back off - I still have bills to pay too.

Oldernotwiser

Jowo wrote: »

Actually, another theory about having a lodger is to avoid friends and relatives, simply because landlord/lodger issues can ruin a long term relationship and because it leads to informality (i.e. not respecting the house rules and contract, not honouring the rights and responsibilities). Someone who is a great pal is not necessarily going to be a great housemate.

I always found this during all my years of flatsharing. Much better to share with people on a business basis and if they become friends it's a bonus!

Jowo_2

alona1 wrote: »

when I decide to do something for myself and get a lodger in to help - who screws me over, yes I am going to make a claim. I'm just as entitled as the next person who claims all the other benefits. Back off - I still have bills to pay too.

Nonetheless, even the HMRC website that gives info on how to make a small claims court action asks the claimant to consider the wisdom of taking action against someone when even if a judgement is made against them, it is unlikely that the claimant will be able to enforce the judgement, though there's nothing to stop someone doing this for personal satisfaction and to get a CCJ against the defendent.

The general wisdom is that it can often be a waste of time, money and effort securing a judgement against someone who has no income, hence the reluctance of many landlords to let to risky groups that are more likely to go into arrears, like students and Housing Benefit/LHA tenants.

This wisdom also tends to recommend that the landlord mitigate their risks by acting swiftly when arrears take place and protect themselves with an inventory/schedule of condition, written agreement and decent size deposit to prevent disputes and protect the landlord's income.

For example, if a landlord has a lodger who gives a months deposit upon moving in and has a contract with a 2 week notice period and a zero tolerance approach to arrears, they can swiftly serve them notice very promptly upon non-payment of rent and get them out before true arrears build up, since they would be able to deduct the unpaid rent from their deposit.