evicting a racist lodger

parker2328

Hi All.

I have a real predicament. I took in a lodger for the first time last weekend (renting a room but has use of the rest of my flat).
We hadn't got round to signing a lodgers contract due to various amendments we had agreed on but I then hadn't had the opportunity to get it printed and signed yet.
Last night the lodger made a racist comment. I pulled her up for it but she did not think she was being racist. I don't want to repeat it here to get peoples opinions however I'm not daft and I know exactly what she meant.
After a long sleepless night thinking this I over I concluded I simply can't have someone in my home making such statements. This morning I decided to tell her she had to move out and the reason for my decision. I could of lied to make an easier life for myself but thought it important she knew how I felt. She is adamant I am out of order and have got it wrong. I have not, I assure you.

Anyway the actual question.....

This evening she said she has been to some housing department of the local council for advice and been told that even though there is no contract, because she has paid a months rent in advance, I legally have to give her 28 days notice.

Is this correct?

I believed that as a lodger with no contract she had no rights at all. I'm not a complete b*****d, the day she leaves she will get her security deposit back and I'll return the remainder of the rent she paid in advance. I don't want to see any one on the street but there are plenty of storage facilities around town for her stuff and lots of hotels/B&B's.

I am very, very uncomfortable with this person in my home.

Thanks.

19lottie82

She has no rights. Return her deposit and what ever advance rent that you owe her and tell her to leave. If he refuses, call the police or change the locks when she is out. Simples.

Fire_Fox

If you want her out ASAP would not just return unused days but all the money she has paid, it's only a few days and is reasonable when she has to find somewhere to stay at very short notice or use a storage facility.

Werdnal

Lodgers have very few rights even with a signed agreement. Write her a polite letter, stating that you feel your position with her sharing your property is untenable following her comments today (list the comment on the letter if you feel able to), and you are giving her notice to leave your property within the next 7 days, at which point you will return her deposit in full. (You could give as little as 48 hours, but try to be reasonable and it will work in your favour). Keep a copy of the letter.

If she does not leave in that timescale, wait until she is out and change the locks. You must allow her to retrieve her possessions, but you can bag these up and hand them to her on the doorstep - do not allow her access to the property again. If she kicks off and threatens you - call the police and show then the letter when they arrive, as proof you gave her adequate notice and she no longer has a right of entry to your property.

barnaby-bear

19lottie82 wrote: »

She has no rights. Return her deposit and what ever advance rent that you owe her and tell her to leave. If he refuses, call the police or change the locks when she is out. Simples.

That's untrue - https://www.gov.uk/rent-room-in-your-home/ending-a-letting lodgers are entitled to notice equivalent to a rent period.. the lodger was paying monthly so the council advice sounds right.

Look for excluded occupier:
http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/illegal_eviction
If you live with your landlord in the landlord's home (for example, if you are a lodger), you will be an excluded occupier.
You are only entitled to reasonable notice before you have to leave. This notice can be given verbally. The amount of notice given should be equal to your rental period (for example, a week, if you pay your rent weekly), unless you agreed to a different notice period in advance.

Werdnal

I would counter your links with:

http://www.lodgers.com/evicting-a-lodger.html

which clearly states otherwise!

Reasonable notice and changing locks/collecting belongings is dealt with here:

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_excluded_occupiers

Fire_Fox

If you refund all the money they have not paid any rent!

Asker

I hope you manage to get her out but...

I know this is off topic and not what you want but I'm "ethnic" and have grown up with real racism (grew up with skinheads beating up family, smashing car etc) which still persists to this day in a more subtle way so I know what being on the end of racism is all about. But honestly, people say things they don't mean. One comment of racism doesn't mean someone is bad. Ignorant yes, but not a reason to kick someone out necessarily. Even those people who terrorised us when we were growing up aren't all bad and I've actually got no hard feelings. Everyone has a reason for saying their stupid things and ppl do change. All the best anyway mate.

G_M

If you can resolve this amicably, that is the best solution.

Being kicked out with short or zero notice (whether legally or not) is tough. Has she somewhere to go? Will she be homeless? Will her only option be to stay with parents who may be too far away to commute to work?

On the other hand, it can be hard, even frightening, to have to live with someone you've given notice to, who may resent this, and may take it out on your property or yourself.

Only you can assess this. And how you handle it depends on the type of person she is (apart from racist!), her circumstances etc.

But the bottom line is that it is your home and you can evict her with 'reasonable' notice.

There is no legal definition of 'reasonable'. Certainly whether rent is paid weekly or monthly may be relevant, and may be one aspect of the defining of 'reasonable' in any particular case, but if, for example, you felt threatened or intimidated, then 'reasonable' notice might be 24 hours.

As an extreme, if there was violence or fear of violence, 'reasonable' notice would be 5 minutes! To pack.

But as I said at the top, some kind of amicable agreement is the best solution. A chat, as friendly as possible, explaining you've changed your mind and/or don't feel you are compatible, but you understand it is difficult for her to find an alternative instantly etc etc then try to agree, say a week.

But as said also, if she turns nasty, refuses to accept this, then shorten the notice period and inform the local police you've been threatened so that a) they are aware and b) SHE is aware that they are aware.

Note: the police will be reluctant to get involved in a civil dispute over accomodation - what you can make them aware of is that you fear a potential breach of the peace

edit: you should certainly refund any advance rent she's paid (unless she does in fact stay that long). Indeed, given the inconvenience you are causing her, I'd offer to refund everything she's paid including for the time she's already been there.

breadlinebetty

barnaby-bear wrote: »

That's untrue - https://www.gov.uk/rent-room-in-your-home/ending-a-letting lodgers are entitled to notice equivalent to a rent period.. the lodger was paying monthly so the council advice sounds right.

Look for excluded occupier:
http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/illegal_eviction
If you live with your landlord in the landlord's home (for example, if you are a lodger), you will be an excluded occupier.
You are only entitled to reasonable notice before you have to leave. This notice can be given verbally. The amount of notice given should be equal to your rental period (for example, a week, if you pay your rent weekly), unless you agreed to a different notice period in advance.

You can evict a lodger at a moment's notice. Yes, it's common courtesy to give them notice, but if their behaviour is worrying, theatenening or anti-social in any way, you can tell them to leave immediately. And you don't have to reimburse them their rent, either.

However, if you want to evict a lodger who has done nothing wrong, then you should give them notice.

Notmyrealname

parker2328 wrote: »

Hi All.

I have a real predicament. I took in a lodger for the first time last weekend (renting a room but has use of the rest of my flat).
We hadn't got round to signing a lodgers contract due to various amendments we had agreed on but I then hadn't had the opportunity to get it printed and signed yet.
Last night the lodger made a racist comment. I pulled her up for it but she did not think she was being racist. I don't want to repeat it here to get peoples opinions however I'm not daft and I know exactly what she meant.
After a long sleepless night thinking this I over I concluded I simply can't have someone in my home making such statements.

If such a thing causes you so much grief then taking in a lodger is not for you because you're looking for a lodger that doesn't exist - one 100% entirely in agreement with everything you believe, your ideals, your morals.

My advice to you is not to take in any other lodger. All lodgers will say or do something you don't like or agree with. If you're going to punt someone out on the street for one comment and having a difference of opinion over something, having lodgers is not for you. All you will do is end up ruining a string of perfectly innocent people's lives as they leave their home to move in with you only for you to kick them out the first time they say a word you don't agree with.