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Urgent swift eviction of lodger?

earthbound_misfit
earthbound_misfit Posts: 460 Forumite
edited 7 August 2013 at 4:02PM in House buying, renting & selling
Hello, hoping for some advice re. lodger.
I privately rent a 2-bed flat (originally lived here alone as rent cheaper than local 1-beds!) and have a lodger. He's been renting the room for a little over 6 months, originally was on a 4 month agreement. The arrangement since his initial 4 month 'lodger's agreement' ran out has been informal/verbal, although I had offered to create a new agreement up until he plans to leave (end of August).
Although I do not provide meals, or cleaning (at least not officially! grr!) he was on a 'lodger's agreement' due to the timescale of original contract, however may be officially classed as a 'subtenant'.

Problem is, I'm constantly having to clean up after him. It's not usually piles of dishes or anything like that but he constantly creates random, unpredictable mess (ie. we can't make a cleaning rota for it) - eg. mouldy food in fridge, having to sweep floor all the time because he walks in muddy shoes, brings dirty stuff from off the street (I'm all for 'wombling' but needs to clean stuff before trailing dirt in the house!), other cleaning jobs I never have to do like cleaning sticky fingerprints off cupboards suddenly need doing all the time. Also, he refuses to ever clean the bathroom or anything (doesn't even hoover own room) as he points out he's not here much and stays at partner's house a lot. I was reasonable about this point, but explained that once in a while it is still his turn to clean. In addition, I made clear that if he makes mess, he should clear it up - I dont' actually do much cleaning when it's just me but he creates way more mess than I do!

The result of this request to clean up after himself was to have him (drunk) several days later, verbally attacking me and threatening to kill my houserabbit (what a lovely birthday that was!). Myself and a friend present tried to calm him and continue a reasonable discussion, made tea, had a heart-to-heart style of thing and thought it was sorted (he then passed out drunk).

Not much changed, so I have tried to suck it up and just keep on cleaning until he moves out. However this is seriously affecting my mental health issues (depression/trauma-related) as it's hard enough staying on top of things for myself without this.

However, today I awoke to find empty bottles by the kitchen bin (even though the kitchen door to the back where the bins are was open so he'd been out there...) and vegetable peelings in an open bag on the floor. Presumably because the bin was full (stuffed, with hovering flies), and emptying it is something he'd never consider. As mentioned, back door was open with rabbit running around (despite me telling him NOT to leave a certain door open as rabbit cannot be unsupervised in yard due to cats, or unsupervised in living room due to the delicious chewable wallpaper there). He'd also left stuff all over the worktops (along with all the jars etc I have to clean cos apparently 3 times as much cupboard space as me isn't enough to store the foodstuffs of a serial hoarder).

Also, I am not happy about the outside door being left open whilst I am asleep, if he's also asleep or out (have had issues with vandalism to flat).
I knocked on his door, loudly, several times. Eventually I opened it to see if he was actually in. (Asleep, presumed drunk). Bit worried I shouldn't have done this! (Have hoovered his room previously which I don't think he knows about/noticed).
He awoke and I told him then and there I was sick of his mess and wanted him out by the end of the week, and was happy to pay back any extra rent paid (oh he also ALWAYS pays late, though I have tried to be understanding as he gets housing benefit and I know how awkward it can be). This led to him screaming in my face, calling me 'crazy' and laughing at me for having mental health problems . I called the police to remove him as I was terrified and presumed that as he has no formal contract they could remove him. They told me it was a civil matter (although were not happy with him as he'd called them minutes before I did - why?!) He agreed to leave the flat for a few hours, and departed.

I am terrified. A friend (male, tough) has agreed to stay until he leaves as I am so frightened of what he will do if I am here alone. I am struggling with suicidal thoughts at the moment and do not feel safe in my own home.
I know he has somewhere to go as he often stays at his partner's house, and plans to move there for September. I do not care about the money, I will scrape it together somehow, I just need him gone for my own sanity.

Help!!
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Comments

  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    edited 7 August 2013 at 4:06PM
    Has this lodger ever signed an agreement with your landlord, or just a lodger's agreement with you?

    If the latter you could decide to give him 24 hours to sling his hook if you wanted to be really, REALLY harsh. Although a reasonable person would probably give them enough time to make alternative arrangements that didn't include a park bench.



    Verbally challenging someone when you have intruded into their room and just woken them up was a stupid thing to do whatever your motivation. I'd have shouted at you, too. You are obviously not cut out for sharing with other people, so don't get another lodger who's not a rabbit ever again!
  • RAS
    RAS Posts: 34,947 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If he has no contract with the landlord. then he is a lodger.You need to give reasonable notice.

    In the circumstances described 24-48 hours is reasonable
    If you've have not made a mistake, you've made nothing
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Hello, hoping for some advice re. lodger.
    I privately rent a 2-bed flat (originally lived here alone as rent cheaper than local 1-beds!). I took in two lodgers whilst I was abroad for a few months.
    1) sounds like you werenotliving there,so they were tenants, not lodgers
    2) Does your tenancy agreementpermit sub-letting?

    On returning, one lodger left and the other remained that I share with. He's been renting the room for a little over 6 months, originally was on a 4 month agreement (the time I was abroad for; although as other lodger chose to leave at this time I was happy to keep him on in spare room).
    you gave a 'lodger' a 4month contract!!? :eek:

    The arrangement since his initial 4 month 'lodger's agreement' ran out has been informal/verbal, although I had offered to create a new agreement up until he plans to leave (end of August).
    So on what basisis he there now?
    Although I do not provide meals, or cleaning (at least not officially! grr!) he was on a 'lodger's agreement' due to the timescale of original contract, however may be officially classed as a 'subtenant'.
    Since you have moved back in either
    1) he is a sub-tenant (from while you were abroad) & now YOU are HIS lodger,or
    2) he is your lodger

    Problem is, I'm constantly having to clean up after him. It's not usually piles of dishes or anything like that but he constantly creates random, unpredictable mess (ie. we can't make a cleaning rota for it) - eg. mouldy food in fridge, having to sweep floor all the time because he walks in muddy shoes, brings dirty stuff from off the street (I'm all for 'wombling' but needs to clean stuff before trailing dirt in the house!), other cleaning jobs I never have to do like cleaning sticky fingerprints off cupboards suddenly need doing all the time. Also, he refuses to ever clean the bathroom or anything (doesn't even hoover own room) as he points out he's not here much and stays at partner's house a lot. I was reasonable about this point, but explained that once in a while it is still his turn to clean. In addition, I made clear that if he makes mess, he should clear it up - I dont' actually do much cleaning when it's just me but he creates way more mess than I do!
    Yeah- sharing houses islike that...

    ....

    Not much changed, so I have tried to suck it up and just keep on cleaning until he moves out. However this is seriously affecting my mental health issues (depression/trauma-related) as it's hard enough staying on top of things for myself without this.
    Oh dear! If you have issues like this are you sure sharing is right for you?

    ....

    ......This led to him screaming in my face, calling me 'crazy' and laughing at me for having mental health problems . I called the police to remove him as I was terrified and presumed that as he has no formal contract they could remove him. They told me it was a civil matter (although were not happy with him as he'd called them minutes before I did - why?!) He agreed to leave the flat for a few hours, and departed.
    this is acommon responseby the police

    I am terrified. A friend (male, tough) has agreed to stay until he leaves and I am so frightened of what he will do if I am here alone. I am struggling with suicidal thoughts at the moment and do not feel safe in my own home.
    I know he has somewhere to go as he often stays at his partner's house, and plans to move there for September. I do not care about the money, I will scrape it together somehow, I just need him gone for my own sanity.

    Help!!
    Let's be generous and assume he is a lodger.

    Lodgers have few rights. Evict him.

    * Go in to police station and tell them what you plan to do. Tell them there is a history of threats and they have previously had to attend. Tell them you are concerned there will be a breach of the peace. Make them record your visit
    * Have your beefy friend stay.
    * Buy new locks forthe front door
    * Give lodger a letter giving him 24 hours to leave.
    * After 24 hours, if he does not leave, wait till he goes out, then change the lock.
    * do not open the door to him
    * Pack up his belongings, and then reach an agreement with him for returning them (either he collects at a specific time when you have several friends present, or you take them to him, so he has no opportunity to enter)

    Asbitter says:
    don't get another lodger who's not a rabbit ever again!
  • hazyjo
    hazyjo Posts: 15,475 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Maybe now's the time to rent something cheaper, or up your own income.

    No going back from this. I'd move my rabbit temporarily (I've seen Fatal Attraction!) and change the locks when he's gone. Make sure all his stuff has been removed, and have him out within 24-48 hours as above.

    Jx
    2024 wins: *must start comping again!*
  • ps. just realised I'm a prisoner in my home now; I can't leave in case he harms the rabbit or breaks stuff, I'm even scared to leave my room in case he taunts me again. Oh god this is awful.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    The OP must have edited their post as I didn't see this bit: "I took in two lodgers whilst I was abroad for a few months".

    If your angry flat-mate seeks decent legal advice you are possibly going to be in rather hotter water than just evicting an unsatisfactory lodger!

    The way I see it, most of the issues you are suffering have been brought about by yourself. This other person could see the situation as them not being under your feet 24/7 as a fair compensation for you having the place mostly to yourself and not having to share all of the cleaning with you. You sound a tiny bit obsessive about it all, and I don't really blame them for not being happy sharing with you. You sound a bit of a PITA to be frank. Your mental-health issues are not the fault of your flat-mate and your intrusion into their room to berate them is unforgiveable.
  • Atomix
    Atomix Posts: 369 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    ps. just realised I'm a prisoner in my home now; I can't leave in case he harms the rabbit or breaks stuff, I'm even scared to leave my room in case he taunts me again. Oh god this is awful.

    Just think - by this weekend you could be happily living there in peace - isnt that a good enough incentive to get your sxxt together?

    Give the place a good clean/once over - then move on with your life!
  • G_M wrote: »
    Let's be generous and assume he is a lodger.

    Lodgers have few rights. Evict him.

    * Go in to police station and tell them what you plan to do. Tell them there is a history of threats and they have previously had to attend. Tell them you are concerned there will be a breach of the peace. Make them record your visit
    * Have your beefy friend stay.
    * Buy new locks forthe front door
    * Give lodger a letter giving him 24 hours to leave.
    * After 24 hours, if he does not leave, wait till he goes out, then change the lock.
    * do not open the door to him
    * Pack up his belongings, and then reach an agreement with him for returning them (either he collects at a specific time when you have several friends present, or you take them to him, so he has no opportunity to enter)

    Asbitter says:

    Brilliant.

    I have lodged, mid week only, but over the last 3 years have rented single rooms off 3 different people. One was an OCD freak, and possibly was borderline mentally ill. I made an extra special effort to keep to his ultra high standards, but he was always having issues, before eventually telling him quietly that he needed to seek help, and giving notice.
    People do have different standards, but there is no need to threaten anyone, or get angry.
  • Argh, quotings complicated so will adress points here:
    1) I have lived at this adress for almost 3 years, was abroad for 4 months and let each room on a lodger's agreement whilst I was gone. Then returned and shared with him, by then his agreement had run out so a verbal agreement along the same terms/rent was made. I had permission to sublet from the landlord. (Editied original post as thought this was irrelevant!) Not sure what is wrong with 4 month contract? As this was the time I needed someone for and the time he was willing to commit to. This was my only UK address at the time and I had intent to return here (was on holiday!) and also I paid the council tax.

    2) re. "sharing houses is like that" - yes it was bliss to have my own flat for a bit and realise actually there wasn't much cleaning to do! But for some people sharing must mean they get others to clean up there mess for free?!

    3) No, sharing is not right for me. However due to being under 35 I am not entitled to enough housing benefit for a flat (though this 2 bed is cheaper than local 1 beds). I am currently not working due to my MH issues and this is not helping me improve! I have a new lodger lined up for September who is (a) super clean, (b) not an alcoholic, and (c) a friend. We were going to go on a joint tenancy but this has made me think again.

    3) "This is a common response by the police" - and should it be? Any relevant legislation?

    4) I cannot actually go to a police station as cannot go out when mental health is this bad, as well as fears for home safety etc. Will calling them count? What do I actually need to say? Just that I have told him 24hrs and that I am concerned he will cause trouble?
  • Atomix
    Atomix Posts: 369 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Argh, quotings complicated so will adress points here:
    1) I have lived at this adress for almost 3 years, was abroad for 4 months and let each room on a lodger's agreement whilst I was gone. Then returned and shared with him, by then his agreement had run out so a verbal agreement along the same terms/rent was made. I had permission to sublet from the landlord. (Editied original post as thought this was irrelevant!) Not sure what is wrong with 4 month contract? As this was the time I needed someone for and the time he was willing to commit to. This was my only UK address at the time and I had intent to return here (was on holiday!) and also I paid the council tax.

    2) re. "sharing houses is like that" - yes it was bliss to have my own flat for a bit and realise actually there wasn't much cleaning to do! But for some people sharing must mean they get others to clean up there mess for free?!

    3) No, sharing is not right for me. However due to being under 35 I am not entitled to enough housing benefit for a flat (though this 2 bed is cheaper than local 1 beds). I am currently not working due to my MH issues and this is not helping me improve! I have a new lodger lined up for September who is (a) super clean, (b) not an alcoholic, and (c) a friend. We were going to go on a joint tenancy but this has made me think again.

    3) "This is a common response by the police" - and should it be? Any relevant legislation?

    4) I cannot actually go to a police station as cannot go out when mental health is this bad, as well as fears for home safety etc. Will calling them count? What do I actually need to say? Just that I have told him 24hrs and that I am concerned he will cause trouble?

    Listen, I realise you have a mental health problem, and he has taunted you. Is it agrophobia? But you're going to have to try and put that aside as best you can - whilst you deal with this situation. Otherwise the situation is going to get worse...?

    Also - Earthbound Misfit - Pink Floyd fan yeah? cool name!
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