Lodger not playing fair - what can I do?

Frosti

Hi folks, I've not been an MSEer long so hope this is posted in the right place - Mods, please move it if not (ta).

So here's the predicament:
Finding it hard to make ends meet, earlier this year I decided to rent my unused master bedroom to a lodger. He was great; an engineer working away from home who needed somewhere comfortable for Sunday - Thursday nights. A month after he moved in I had to go and care for a sick relative, leaving 18 year old DS and the lodger in the house. Unfortunately the company the lodger was working for folded, and he left.

I advertised again, with DS and my uncle interviewing applicants. The advert stated; references and deposit required, rent due on 1st of the month in advance, 6 month tenancy. The lodger has exclusive use of the master bedroom and ensuite, and shares access to the kitchen, living room and garden with the family.

They found a woman in her late 20s. She signed the 'licence agreement for lodgers sharing a home with the landlord' and moved in, with her cat to which I raised no objection. She has never produced the requested references, and as she moved in part-way through the month she paid that fortnight's rent in cash (but two weeks after she'd moved in). I provided bank details so she could set up a standing order from the 1st of the following month.
The money did not arrive. She apologised, said she must have mixed it up at her bank, and again paid in cash two weeks after the rent was due. We explained the process of setting up a SO again.
1st of the month - no payment received. Her excuse was wonderful: "The 1st of the month was at the weekend when the bank was shut so now it won't be paid 'til next month." Three weeks later she told DS she couldn't afford the rent because she'd had to pay the rent on her mother's home as her Mum has cancer - and gave him just over half the rent in cash.
Did I mention that she has also still not paid her deposit (of one months' rent)?

Other info: She wanted a year's tenancy but I said no, so the lodger agreement was made out for six months. This is the third month.
The agreement states that only she is to live in her room, but overnight guests can use the spare bedroom with landlord's permission. However when DS went away for a week, she apparently moved in her boyfriend - according to the neighbours.
By the way it's my house - no mortgage.

My family now think she's a scammer. Including the deposit she is now nearly £700 behind what she should have paid. I am beginning to worry because she has access to all my possessions - and DS is worrying about going out or away for the weekend while she's there.

Help please - what can I do? (I'm too far away to pop round, would have to arrange another carer for my relative before I could go and try to sort this out in person). Because the lodger has not complied with the agreement she signed, can I say to her "Well you're paying your Mum's rent, so go and live in her house!" ..And how would I actually get her to go - legally - of course?

Jowo_2

Do you live in this property? What's the notice period in the contract? What's the rental cycle - is she supposed to pay weekly or monthly?

botchjob

surely the agreement includes a clause about breach of contract? If she's in breach (by not paying rent) then give her notice. She doesn't sound like someone you want under your roof...

anselld

Lodgers do not have security of tenure so you can just serve notice to quit as per your agreement.

You need to be careful you do not accidentally allow a tenancy to be created by giving "exclusive possession". There is some risk of this if you (the landlord) are not actually living in the property. A court could consider that a tenancy is actually in effect rather than a license.

I guess the real issue is securing your money owed. I would start be telling her straight that she either pays on time or you serve notice. However I assume as you have been paid cash you will have no bank details or personal info against which to take her to small claims court to recover your money. So you need to persuade her to pay up or cut your losses quickly by serving notice to quit.

Planner

1) You should have done the interviewing youself.

2) References should have been required before you moved this person in.

3) Deposit should have been taken before you moved this person in.

4) 1 months rent should have been paid to you before you moved this person in. As she moved in halfway through the month, logic would dictate that further rent payments should have started halfway through the following month.

£700 of arrears for a lodger is completley unacceptable. I would suggest you give her 7 days to pay in full otherwise she should consider the 7 days her notice. Next wednesday is shes still there, remove her stuff and change the locks.

Whos DS?

BitterAndTwisted

Lodgers have few if any rights. Just forget about the unpaid rent if she won't come up with it and give her seven days notice to leave. You need to be on the premises on the day she's due to leave so that you can put her belongings out if necessary and change the locks

Wee_Willy_Harris

Planner wrote: »

Whos DS?

Took me ages to work some of the abbreviations used on here, but I finally figured the DS, DD, DH, DW ones out.

Darling Son, Daughter, Husband, Wife.

A lot of confusion for the sake of saving one letter in the case of son.

Planner

Wee_Willy_Harris wrote: »

Took me ages to work some of the abbreviations used on here, but I finally figured the DS, DD, DH, DW ones out.

Darling Son, Daughter, Husband, Wife.

A lot of confusion for the sake of saving one letter in the case of son.

How very Mumsnet of her!

Jowo_2

You will find the landlordzone site invaluable for information on the Rent A Room scheme for landlords and their lodgers to stop you from being targetted by a rogue lodger who will purposely seek out a naive one, including how to screen them for suitability - in future, get them to complete a lodgers application form, use a service like Tenant Verify to undertake thorough employer and previous landlord references, credit check, ID check, electoral registration check.

As detailed in a previous posting, you have made fundamental mistakes by handing over the key before undertaking thorough checks and getting a full deposit and rent in advance.

mynameisdave

Oh right. Well I didn't work them out then - I thought they were dependent son/daughter. lol

Frosti

Jowo wrote: »

Do you live in this property? What's the notice period in the contract? What's the rental cycle - is she supposed to pay weekly or monthly?

Thanks for your reply Jowo.
Yes, the house is my normal residence - although I've been away from home caring for my relative, a situation that is likely to continue. My DS is also a full-time resident.
Either party are required to give one month's notice to quit, in writing. The tenancy period is six months, with a verbal agreement that it will be renewed if all parties are happy (which I'm not, right now).
The rent is per calender month, due on the 1st of the month in advance.

..I am ringing round, trying to find someone to take over as carer so that I can go home for a week - DS wants to go to a festival. It would be really good to know what I can and can't say and do to this woman when I get there..