Evicting my lodger

BARGAINHUNTER!

A bit of background. I took in a lodger in November 2009 under the rent a room scheme and she signed a 6 month tenancy agreement. During this time she paid her rent in full each month. She moved out in May 2010 as she had been offered a job in another part of the country. The job fell through, she had no-where else to go so I said she could come back. Since she moved back in end of May I have had nothing but problems with her. She is seriously invading my personal space, rummaging through my cupboards, eating food from my freezer leaving the kitchen a mess and full of her pots and pans so that I cannot use the sink and generally being a nucience. She is gradually takin over my house and I feel a stranger in my own home. She has not spoken to me for 1.5 weeks since I tackled her about stealing food from my freezer (the evidence was in the recycling bin) and I now feel very uncomfortable in my own house. When she came back we did not draw up another agreement and her payments have been sporadic. I have finally had enough today after she burst into my bedroom and switched off the internet connection (apparently she had a problem with Skype) causing my internet connection to also go off and me to lose the stuff I was working on. I sent her a text while she was ont of the house and told her that as the relationship had now broken down and my kids and I feel uncomfortable in our own home I would like her to leave by the end of July. She replied saying that I had to give her a months notice. The initial 6 month contract that we had had expired, and she left for a period of 3 weeks to move away. The job she went for fell through so I took pity on her and let her back. We did not draw up another agreement.

Am I right in thinking that there is currently no agreement in place (it was never her intention to move back) and therefore giving her until the end of July is reasonable?

From what I know of her she will take legal advice and push this all the way. I cannot face having her in my home a minute longer. If she is legally entitled to stay for a full month from today then im afraid me and the kids will have to move out. Im basically hiding away in my bedroom as it is.

Surely I cannot be forced to share my home with someone when I don't want them there?

Any advice would be appreciated.

sequence

You can evict her right now if you like. Lodgers have almost no rights.

You shouldn't have signed any kind of agreement other than a lodger agreement. 6 month tenancies are for tenants not lodgers!

I'd give her a week to leave.

scottishblondie

It's always unpleasant when it goes wrong with a lodger Someone more knowledgeable will hopefully come along, but AFAIK a lodger doesn't have the same rights as a tenant, and can be evicted with very little notice. A quick google threw up this:

Lodgers, under UK law, don't have the same rights as a tenant would. As a result once you've given them 'reasonable notice' they have no right to stay in your property. However, if you want to evict a lodger who refuses to leave you'll need a court order.

If you don't have a contract then you need to give your lodger 'reasonable notice'. This doesn't need to be the 28 days which is standard for many tenancy agreements but should give them a chance to find somewhere else.

We'd recommend you give notice in writing as well as verbally just to cover yourself. Even if you get on well with your lodger you should take this precaution (you can explain that's all it is) so you both have a record in case of any dispute at a later point.

In the unlikely event you have a problem evicting your tenant we'd strongly recommend getting advice from one of the relevant bodies such as Shelter or Citizens Advice.

jockosjungle

I know she has been awful but you should really give her some notice to find another place to live, otherwise she could just refuse to go and you have to get an eviction notice.

poppysarah

I'd have put her out on her ear about 3 weeks ago.

Ask her to leave. Put it in writing. End of july is IMO reasonable.

What do you have written down as an agreement?

But for your sanity ask a friend or relative to come and stay until she's gone. Doesn't have to be anyone big or strong, just for moral support.

tbs624

The amount of notice that you give to a lodger should be "reasonable" and if they have been asked by you to pay monthly, then not less than 28 days would = reasonable.

However, in your particular circumstances, my view would be that a shorter period of notice should suffice. If a lodger is not paying up on time and is stealing from you, then s/he clearly has to go.

I would *formally* give notice though - in a very brief letter which clearly sets out the difficulties that have led you to take this decision but keeping only to the facts. Serve it to her in person, or simply leave it in her room, but have a witness present either way.Keep a copy for your own records.

Before you take in another lodger you may want to read up a bit on how to select/reference a potential lodger and have a decent lodger agreement in place, which clearly sets out how you expect the arrangement to work.

sandraroffey

my lodger has just disappeared , yesterday, into thin air owing me almost 400 pounds. he waited until no one was in and disappeared. bless him. left me in a dreadful situation. we dont take lodgers because we like strangers in our home. we neeeeed the money. and we had an agreement too, where if he left before the end of the agreement, he was still liable to pay but hey, he said blow that and went.

Riq

I think the end of July isn't reasonable, that's only 11 days. I'd say the 7th August is probably reasonable. She should be gone by Sunday 8th August.

Put it in writing.

Job done.

Get your kids to take a dump under her pillow too.