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working non dependant refusing to pay rent

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  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    What do you mean a legal way? So that taxpayers can pick up the tab for your lack of backbone?

    Just grow a pair and kick the sponger out yourself.
    I do believe violence is illegal. The OP needs to somehow encourage the boy to leave then shut and lock the door.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • birdi
    birdi Posts: 3 Newbie
    What do you mean a legal way? So that taxpayers can pick up the tab for your lack of backbone?

    Just grow a pair and kick the sponger out yourself.

    sorry let me clarify... what i mean is, is it legal for me to kick him out or make him pay.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    Of course it is! You are a householder and it's up to you who lives there and under what circumstances. If he's not happy with the conditions you are setting you are at liberty to ask him to leave. If you think that he's likely to make a fuss ask the police to attend as your fear there is a risk of a breach of the peace.

    Let's hope it doesn't come to that but you could most certainly threaten to do it.
  • cord123
    cord123 Posts: 644 Forumite
    I think its a job for the good old bin liner.... be kind enough to pack his clothes for him when he pops off to work and then leave them on the doorstep to great him on his return.....I am sure that wake up call will have him paying his way!
    As soon as I started working I paid Housekeeping, and every time I got a payrise I would increase it by at least 40% of my payrise! Wish I was back at home now living for £400 a month....

    Ask him what he spends his money on? Does he do drugs? Not your problem, but just wondering how someone can leave their mum struggling while they live the life of Riley! xx
  • theartfullodger
    theartfullodger Posts: 15,704 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 11 July 2011 at 12:21PM
    birdi wrote: »
    sorry let me clarify... what i mean is, is it legal for me to kick him out or make him pay.

    Absolutely legal: & maybe point the lazy tight s*d at this thread.

    Legally he's a lodger, an "excluded occupier " (Assuming we are talking England not Scotland). Give him "reasonable" notice (I'd do it in writing, suggest 5 days is more than reasonable) and then change the locks. You have an absolute right to do so (I assume he's not on the tenancy agreement). Keep old locks/barrels to put back when/if you leave the property. If there are "problems" call the Police/make it clear you can & will call the Police.

    See..
    http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/excluded_occupiers

    Please ignore the inconsiderate remarks, and best wishes to your and your (decent bits of..) family..
  • sandraroffey
    sandraroffey Posts: 1,358 Forumite
    edited 11 July 2011 at 12:20PM
    mmm. i was just going to say that.... just where IS £900 a month going???? wish i had £900 a month all to myself. and i expect you do too.

    and just a thing here, do housing benefit people etc know that he is living there??? because they would take HIS income into account as well.

    just sit him down and state, clearly, 'i cannot keep you any more' either you pay your way here, which on 900 a month would be at leasta hundred a month, or you find alternative accomodation. a room in house share wouldnt cost him much more than £70 a week. and on 900 a month he can easily afford that. you have to be hard. and mean it. no point in saying it if you dont mean it. and if he wont go, do as others have said before, show him the door. then change the locks.
  • RAS
    RAS Posts: 35,627 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    birdi wrote: »
    sorry let me clarify... what i mean is, is it legal for me to kick him out or make him pay.


    Hi - legally there is no way to make him pay without going to court and getting a CCJ and then probably going for an attachment of earnings. Which costs money and you have no documentry evidence that he has agreed to the liablity.

    However, you have no legal duty to house in your own home any adult for whom you are not receiving Child Benefit. So you can kick him out.

    As a lodger, he really has the most tenious of rights to live there; basically a week's notice would be "reasonable" legally. As a non-paying lodger who refuses to contribute, legally 24 hours would be generous.

    Given him written notice (keep a copy for yourself) to get himself and his possessions out of the house, then try and change the lock barrels if he refuses to hand back the keys. Go and speak to the local police and they will send someone to remove him if he refuses to go.
    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 35,627 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    and just a thing here, do housing benefit people etc know that he is living there??? because they would take HIS income into account as well.

    No they do not take his income into account.

    What they do is make a deduction from the HB/LHA for a non-dependent adult which is set at a standard level (it is around £62/3). Unless the OP provides evidence that the non-dependent adult is on a low income (JSA or pension for example) that happens automaticaly when the "child" reaches 18 or leaves full-time education.

    They also remove the right to a single person's CT reduction. Again certain assumptions are made about his income for this purpose, unless the OP provided evidence that his income was low enough to claim CTB for him.
    If you've have not made a mistake, you've made nothing
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    I thought the deduction rate for a non dependant earning £225 a week was £29.60 a week? And £5.70 from the council tax?
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • RAS
    RAS Posts: 35,627 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    HappyMJ wrote: »
    I thought the deduction rate for a non dependant earning £225 a week was £29.60 a week? And £5.70 from the council tax?

    Assuming the Council have been given notice of the income, if not it is higher.
    If you've have not made a mistake, you've made nothing
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