Urgent swift eviction of lodger?

BitterAndTwisted

You could have chosen to ask him to make other plans long before this came to a head: a head which you have engineered all by yourself with no help from anyone else. But you didn't. You've behaved like a petulant child and will now have to deal with the situation as it is now. Just repeating again and again how unsatisfactory he is as a flat-mate isn't very interesting any longer and it's not going to change anything.


How about going into his room and packing his !!!!!! up for him?

earthbound_misfit

jacques_chirac wrote: »

I would suggest you asking if you can sit down and have a chat about the situation - just the two of you, and when neither party has had alcohol. Keep it calm and rational - something neither of you are being at the moment.

This has been tried, as I explained. Today was the 'final straw' as it were.

earthbound_misfit

JQ. wrote: »

It could be possible that the AST continues to run and you are actually a lodger in the flat yourself, ie your housemate could get you removed very quickly. Obviously, they would have to have a pretty detailed knowledge of Landlord and Tenant Law to realise this themselves, but it's not unheard of.

But I have a contract with the landlord. I paid the council tax, I had 'intent to return' and all my post still went there! How can he possibly be MY landlord? I pay the rent!

BitterAndTwisted

Because the moment you allowed someone else to move into your room paying rent and you swanned off abroad was the moment their status changed to a tenant.

Just because you don't like it does not change the facts. You could very well be shouting yourself into a MUCH MORE unfavourable situation than you one you are in now. Just cross your fingers that your flat-mate accepts your demand to naff off and doesn't take advice. Then you'll really have something to get all "woe is me" about.

thesaint

What date did the "lodger" move in?
What date did you go abroad for four months?

jacques_chirac

earthbound_misfit wrote: »

This has been tried, as I explained. Today was the 'final straw' as it were.

I'm sorry, but from what you have said I'm not sure it has been done in a rational manner. I am a super calm person, but you would wind me up!

There is no doubt that the two of you cannot live together, but you seem intent on making the parting of ways as difficult as possible.

When is he due home, is he there at the moment? When you are able to speak to him (do not go into his room uninvited!), why not say 'I'm sorry things have become so heated. Is it possible for you to move your belongings to your partners tomorrow please? I'll make sure you have your rent payment back to you before you go'.

To reiterate - keep it calm, and do not walk in on him uninvited, you will not get a nice response! I can also see the logic of those suggesting he is a tenant, and if things get nasty he could come back at you with the full weight of the law behind him.

heartshapedbox

You've got a "tough mate" there with you allegedly, so what do you have to fear?




You suggest using the tough mate as some form of insurance and calling the police simultaneously...great advice. You also suggest not sharing....I suggest you google 'austerity'. Then to place the final nail in your coffin you suggest that Misfit has no one to blame but herself for living with an alcoholic who treats her like a member of domestic staff whilst insulting her (presumably) expulatery mental health issues. If someone was drunkenly destroying my flat id make entry to the room with a bat! You had every right after knocking to go in as you can claim you were acting in an emergency to safeguard your property. You do not have to inform the police that you plan to evict him but it is good to have it on record that you have given him this notice....Perhaps call the council to have his HB stopped and explain the reasons why. Then give him his marching orders. Best of luck.

BitterAndTwisted

I have absolutely no idea what "expulatory" is supposed to mean.

Still, it's my considered opinion that the OP has dealt with the situation extremely poorly. That there were ways to deal with this other than being a complete drama-queen, over-reacting and then getting all self-pitying about it later. The austerity-card isn't working for me as the OP said "I privately rent a 2-bed flat (originally lived here alone as rent cheaper than local 1-beds!)" Austerity means not swanning off abroad and getting another couple of people to pay your rent for you while you're away.

Some time ago it could have been a case of "this isn't really working out for me, can you make plans to find somewhere else? Thanks a lot". But no, it all has to be someone else's fault for the OP flying off the handle and being incredibly unreasonable.

earthbound_misfit

BitterAndTwisted wrote: »

You could have chosen to ask him to make other plans long before this came to a head: a head which you have engineered all by yourself with no help from anyone else.

Erm, no, it came to a head because he yet again left mess and left the flat insecure. I did not 'engineer' this, I simply asked him to leave as I have repeatedly tried to sort it out reasonably. Do you not think I already went the extra mile to be understanding to him regarding late rent and verbally abusing me when drunk?
Also, he has repeatedly said he's 'moving soon' hence not wanting to sign a new lodger's agreement. About a month back, he confirmed he would be moving in with his partner as of Sept. He also stays there so has somewhere to go - I'm not completely heartless!

BitterAndTwisted wrote: »

How about going into his room and packing his !!!!!! up for him?

Isn't that way beyond whatever invasion of privacy I apparently committed by opening his door to see if he was in? I'm happy to refund any money, I'm just scared he will taunt me again as it triggers painful flashbacks.

JQ.

earthbound_misfit wrote: »

But I have a contract with the landlord. I paid the council tax, I had 'intent to return' and all my post still went there! How can he possibly be MY landlord? I pay the rent!

It doesn't matter what you planned to do or where your post went.

If my memory serves me correct there are 3 tests - term certain (4 months), rent (yes), and exclusive occupation (yes). They would therefore be provided with all the security of an AST. There doesn't even need to be an agreement.

My view is that you are probably his lodger in the eyes of the law as he continues to occupy the property under the terms of the original AST. Of course, he may have no idea about this. If he thinks he's a lodger then he'll no doubt move without much of a fight. I'm just telling you this as if he gets legal advice you could find yourself in the very awkward position of being evicted yourself.

Landlord and Tenant Law is very clear and very much biased towards tenants (for good reason), when you let your flat for 4 months you became a Landlord and should have tried to fully understand the significant implications of such an undertaking.

Sorry to be the bearer of bad news.