Frightened of my lodger - help???

sugarbabe-47

Hi all - I am a member on the B/R forum and had a very tough few years, however I have survived B/R and decided to rent a room out to a close friend earlier this year to assist with my finances. I did supply a Lodger Agreement (6 months) with terms and conditions attached. We both signed and agreed to the terms etc, to cut a long story short , he was intimdating towards me a couple of months ago and things have turned nasty and the loss of a 10 year friendship:(
I suggested at the time that he find somewhere else to live, which caused him to be angry and verbally abusive towards me. I did and still do feel frightened in my home. We keep away from each other, the friendship is ruined.
Earlier this evening I asked about his intentions to leave and when I could expect monies owing to me..(this being the single persons council tax allowance I lost and we both verbally agreed that he would repay me this a couple of months ago) Anyway he was verbally abusive and shouting at me that I cant do anything.
My question is I have just re read the terms and conditions we both signed and it states as below

clause 2.13 make a reasonable and proportionate contribution to the cost according to use of all charges in respect of any electric, gas,water and telephonic or televisual services used at or supplied to the Property and Council Tax or any other similar tax that might be charged in addition to or replacement of it during the term;

Now my question is how do I stand if I were to enforce this? I understand we had a verbal agreement for him to pay me the monies for the C/Tax, but this clause is in our agreement, is this enforcable and how do I go about this?
He wants me to extend his contract which runs out in January, but to be honest I simply cannot live like this anymore in my own home.
I want to do everything legally to protect myself really and I feel bad to give him notice to quit so close to xmas. He also suffers from depression/bi-polar and I am treading on egg shells here, he can turn very very angry very quickly, this I have only found out since renting him a room.
Sorry its long winded, but I need you all to see where I am at and need help and advise urgently please?
Thank you for reading
Sugar

C_Mababejive

This cannot go on...he must go before this gets out of hand.

Do you have any friends/relatives who could help?

The next time he is angry with you,call the Police and have him ejected.

sugarbabe-47

My son and nephews want to come down and physically remove him, but I do not want any violence whatsoever.. I wanted to call the police earlier but was scared to as they might not come and I didnt want to antagonise the situation any further. The agreement says 4 weeks notice, bth I want him out asap...my dog even cowers when he is around, and she is a registered guard dog-german shepherd...
I am sad that the friendship has been ruined but also I need to know what to put in a letter of termination and how to enforce monies owing to me? Well if I dont get my money, its not a problem, but I want my house back - I can forsee this being a nasty time, and I feel a bit vulnerable at the moment.

HappyMJ

The police will come if you call them. You don't need a letter to terminate a lodger agreement you can ask them to leave at any time.

00ec25

he is a lodger in your own home therefore he does NOT have a 6 month agreement. You are, in error, treating him like a tenant in a "normal" rental situation. As a lodger he has very very few rights, your "agreeemnt" is not worth the paper it is written on.

You are required by "law" to give reasonable notice to leave. There is no legal defintion of what "reasonable" means in practice, but it could be as little as one week. If he refuses to move out then, you are fully entitled to call the police who must attend and, if necessary, eject him by force as he is then an unwanted invader of your own home.

sugarbabe-47

Hi Happy - are you sure? The agreement states either party may at any time end this Agreement earlier than the end ot the Term by giving the other written notice of one month......I don't want to do anything outside the law as he has made it clear he has sought assistance and has spouted his rights to me earlier

themull1

get the police, and get him out, if he's violent you shouldn't have him in your house, and you shouldnt be frightened in your own home.

HappyMJ

The agreement means nothing if he's using threatening behaviour towards you which could be a criminal offence if your safety is threatened. If he took you to court he would be seeking damages and that would be the 1 month of staying in a hotel but if you were the judge in that case what would you decide.

sugarbabe-47

Hi OOec25 - I was advised to get this agreement drawn up to protect me, I read and read everything I can about lodgers and I am a member of Landlordzone and read as much stuff as I could there earlier, I really thought I had done the right thing with this agreement, and tbh it isnt a tenant rental situation at all....it has defined terms and conditions that would uphold in a Court. I just want to know how to word LEGALLY a termination letter, that would if needed stand up in a court, Like I said this is going to get nasty and I want to protect myself and my home. I am a bit emotional tonight after this last outburst, so apologies if I seem to be rambling...

G_M

You have to take action as this will only get worse. You are intimidated and afraid but will feel SO muchbetter when this is resolved.

A lodger in your home has very few rights. You can evict at any time.

Intimidation is a criminal offence - the police will come if called, especially if you fear violence. In fact the best thing you can do is get this on record through a call/report to the police.

1) Get you son and nephews down.
2) Tell the local police (community beat officer? local station) what you intend to do, and that you fear a violent response and get it ON RECORD.
3) Tell the 'friend' that the relationship has clealy broken down, rent is unpaid, friendship is over, so you would like hime to leave. Today! (and have son/nephews present).
4) If your son/nephews can stay the night, then agree, if you must, to let him stay one last night and leave first thing next morning.
5) any trouble, dial 999
6) Forget the money. Write it off as a bad experience. Better to get him out of your life than have ongoing rangling about money.
7) After he's gone (indeed, while he's still there), change the barrels of all locks to which he might have keys. Front door yale, mortice, back door.... Barrels cost £5-10 and take 5 minutes to change.

Do it! It's hell having someone like that in your home. I know.

And remember, this is a LODGER not a tenant. No right to 2 months notice. No rights. It is YOUR home.

Excuded Occupier (Lodger)
" Your landlord can evict you by giving you reasonable notice (which can be verbal) and doesn't need a court order."

sugarbabe-47

I know that I need to get him out asap, I didnt know he would be volatile towards me, I have known him for 10 years and we were friends, I have never seen this side of him until he came here in July, but this has changed and I want to do right by all concerned...If I could I would let my family deal with him, but what would that solve...I understand you all saying get him out, get the police....I am scared of what he may do when I am work if I antagonise the situation....as soon as I give him a termination letter it will get worse, I fear for my dog too....