None payment by lodger - do I go home?

Garden_Girl

Hi folks - I've been reading threads, forums and MSE tips for the past two or three years now and have had some really good tips etc. Two years ago I decided to completely change my life and went to college (no mean feat - I celebrated my half century this year!!!) I took on 4 jobs to help keep my head above water and pay the mortgage etc. I really enjoyed the course and to my amazement did really well (student of the year no less!!!) After this I was lucky enough to obtain a placement linked with Cambridge University for a 12 month apprenticeship. I thought really long and hard about this but decided to go for it - we've got to make the most of everything in life. Money is extremely tight as I am now running two homes - my house in Derbyshire and a compact but bijou bedsit in Cambridge - but I have a lodger to help pay the way - or at least I think I have. I have just discovered that he has not been paying his rent - owes me over £800 - which has tremendous knock on effects - like simply my overdraft limit has been over reached! Direct debits are due to come out blah blah... He is not answering his phone, neighbours haven't seen him but his stuff is still in the house.
I am now faced with the dilema as to whether to cut my losses, go home, try to get a number of jobs to put it all right and pay off my debts and reclaim my house, or whether to try and stick it out in Cambridge, get another lodger. Any suggestions??

lynzpower

dont you dare leave your course!

As a lodger you can evict with no problems if you have no tenancy agreement. As lodger to leave, then chase lodger in the small claims court for 800.

Could you find another lodger or rent your place out via and agency?

Brassic

Can you sell his stuff? Is that legal does anyone know? Definitely give current one notice (even if it's a letter under his door) and get another lodger asap though!

Gabriel-Ernest

Don't forget to change the locks.

lynzpower

heres all the legals on lodgers an thier rights http://england.shelter.org.uk/advice/advice-3132.cfm

this might be better moved over to the property board.

how long are you away for, ie when will you want to return to your house- I sense you might need to get someone in on an AST but you will have to sort yourself out regs wise unless you know someone more reliable who can be your lodger

DavidHM

Sounds like he's not a lodger but a tenant and therefore you need to tread very carefully.

Whilst you may not have intended to create a tenancy, if he has exclusive possession of the property (rather than a bare licence to occupy part of it) you could be on very thin ice.

Garden_Girl

Thanks for your comments. Lynzpower - that's a useful link - thank you.

I purposely set him up as a lodger so that I have a room in my house that I can still use - together with all the other rooms - so it looks as though I can evict him - just need to issue a Section 8 letter giving him notice. BUT first I have to find him! I shall go back and stay for a few days in case he does turn up. If not I shall leave the letter proposing he either pays his debts or leaves the property in one week's time.

When it comes to his clothes and personal effects - can I dispose of them (sell them) to recoup some of the rent? I shall have the locks changed so he can't return - anything else I should think of ??

My next problem is to go and see the bank and contact the mortgage people to see if they can give me leeway in my account as I just don't have any money in there at all to pay everything - my salary has only just gone in! Now I've accepted the shock of it all I need to be active and do something - it's just very awkward being away from it all.

Thanks folks for your suggestions!