what to do when you sublet a room and the people refuse to leave?

Dahanne

Hello,

I have been renting a flat from an agency since 2009. The flat has 2 bedrooms and one separate living room. I have been renting the 2 rooms and I live in the living room. I have drawn an agreement which my tennants signed when they moved into the flat. (I made this agreement and is one page with boiling points such as keep the house nice and clean, how many keys I have given to them, minimum stay etc)In the agreement it states that the minimum stay is for 4 months and after that a minimum of 4 weeks notice must be given if they wish to leave the flat.

I have an issue with a couple who live in one of the rooms. They moved in on the 27th August and told me yesterday that they wished to leave the house, this is less than the 4 months minimum plus it should be a 4 weeks notice after the minimum stay and to make it more awkward im not going to be around on the date which they want to leave. The tenants knew I was going away for a month and I suspect that the reason they have told me now is because they are unwilling to pay the rest of the rent.

As a result I have asked them to leave on the 10th Dec as this is the only date when i will be at my house before I go away. This has caused a big argument and the couple are now refusing to leave until the 27th Dec and have stated that they will not pay any more rent and will use their deposit as a final payment. They also threatened to call their solicitors and recorded a conversation that I had with them regarding me asking them to leave the property sooner.

I have explained to them that I am not comfortable with them staying in my house whilst I am away and knowing that they are planning to leave before the minimum stay is up. As a result of this argument I am now considering giving them only one option which will be to leave on the 10th of December. If they refuse to do so can I call the police to get them to assist me? I have a written agreement with the couple for renting the room but the tenency is solely in my name.

Both the landlord and the agency which I have rented the house from are aware of me letting the other rooms.

I have a number of questions:

Firstly is it ok to let out the rooms as I am doing or does it need some sort of license from the council?
Secondly do I have to give them more notice to leave the flat and what is the minimum notice i can give? unfortunately I am out of the country from the 12 and wont be back to the following month, and due to the attitude the couple have shown over this issue I dont want to leave them in my house whilst i am away.
Thirdly what can the tennents do in regards to complaining with the council etc and am I within my rights to ask them to leave by the 10th December?

Hope you can help this is a very horrible situation.

Thanks

nomoneytoday

Are they lodgers or renters?
Are you allowed to sub let?

Lokolo

From the sounds of things, you had an agreement that they stay until 27th December minimum and that should they want to leave after that a 4 week notice period (which they have given you) they can. They are now doing this. What's the problem?

plus it should be a 4 weeks notice after the minimum stay

Why should it be 4 weeks AFTER the minimum stay? Why can they not give 4 weeks notice, 4 weeks before the 4 month period and leave then? Your first paragraph doesn't say this (and this is what's in the agreement yes?)

GDB2222

They are lodgers, assuming that the bathroom and kitchen are shared.

princeofpounds

They are almost certainly lodgers, not tenants, if you live at the property. Learn the difference.

You can kick them out with any 'reasonable' notice. They have very few rights. The council have nothing to do with this.

However, your 4 month/4 week agreement is not likely to be particularly enforceable. If the minimum stay is 4 months, then it is 4 months and not 4 months + 4 weeks. I don't know the exact writing but I doubt it would be interpreted the way you hope it would be.

If they stay and don't pay then you can use the deposit and sue if required. If you kick them out earlier then the rent is not due. Your choice.

Dahanne

They live in my flat and share the toilet and kitchen. please see below what the agreement exactly says:

1. this contact has a minimum duration of 4 months.
2. the cancellation of the contract must be made four weeks in advance. The notice have to be made after the tenant have completed the minimum duration of the contract.[/I]

The problem here is that according with the agreement they have to give me 4 weeks notice after the minimum stay plus I am not going to be in the country for almost 2 months. So now after their attitude I don't want to leave then living in my house while I am going away as I don't trust this people any more. that is why I was wondering if I could ask them to leave before?, basically when they told me they were living I tried to find different solutions like given them the option to leave early with out any problem I mean I was ready to find new people and give them all the deposit back etc. but they just are refusing to find any other solution and they have decided that they will use their deposit and leave on the 27th Dec. I do have to say that at the moment they feel so comfortable because they say that I cant do anything and they are also threatened to call their solicitors and recorded a conversation that I had with them regarding me asking them to leave the property sooner. Are they right? As far as I am concern I am able to give them if I want a 24 hours notice.

I will really appreciate your advise and opinion.

Thanks

GDB2222

I agree with your interpretation that the contract has a minimum term of 4 months + 4 weeks. In principle, you can't kick them out early, but if they have stopped paying the rent, that gives you every excuse to kick them out on reasonable notice, which would be a few days.

If they refuse to leave, you are entitled to use reasonable force to evict them or to call the Police to help. Unfortunately, the Police are not legal experts, so they are just as likely to arrest you as to assist you. Consequently, I advise seeking legal opinion and having your solicitor handy when you come to evict, mainly in order to advise all concerned what the law is.

Edit: I strongly advise you to seek the cheapest way out of this, which is probably to leave them in place until the end of the 4 months, and ask a friend to come in and supervise their orderly exit.

Badger_Lady

Legally they don't have a leg to stand on. Their solicitor will tell them as much if consulted. You do have the freedom to do pretty much what you like.

BUT there is a separate question of doing what's right and treating fellow human beings fairly. Forget your interpretation of the contract - it's nice to have but it doesn't mean much (particularly if you've referred to 'tenants' in it). These people understood that they had a right to leave on the 27th December and have presumably arranged forward accommodation etc to work with a difficult time of year to make a move.

And you're telling them you want to change things just to work around your holidays..? It does seem a bit unprofessional, even if the law is with you.

Is there any way you could work to meet their requested leave date? Do you have a trusted person (perhaps even the other lodger?) who could check the condition of the property and take the keys from them?

BitterAndTwisted

If it's 4 months minimum stay and after that a minimum of 4 weeks notice must be given on top of that then your actual minimum stay is nearly five months. It seems that your agreement and your understanding of it is rubbish and now you've been unreasonable when the people patently want to go. People who are intent to go should be let to do so or they'll make much more trouble for you than not paying their last month's rent. Your holiday arrangements are not these people's problem.

Calling them tenants when they are nothing of the sort just confirms what a mess of your own making you are in.