Urgent swift eviction of lodger?

heartshapedbox

Maybe, but having lived with an alcoholic myself I can vouch for the difficulty of making them change/commit to anything without them having mood swings. Pardon my spelling I am dyslexic i meant exculpatory (In law, where blame is not to be attached too). I assume the reason the flat was rented during her time travelling was because she couldn't afford to pay for it whilst away? Besides if you think misfit not living with others is the solution perhaps you could suggest the remedy as she has already stated she is renting a flat cheaper than most 1 beds in the area and she still cannot afford the rent. -Miffit stay strong; Think of your friend who is moving in with you.

neverdespairgirl

Because of your own mental health difficulties, OP, you might not realise that other people also have sensitivites.

I'd be very angry myself if someone woke me up to rant at me about something non-urgent. You could have waited until he got up.

The above chronology is of concern, because whatever else the two people living in the 2-bed flat were when you went abroad, it's not likely they were "lodgers". A "lodger" is someone who lives in the same dwelling as his / her landlord, not someone who lives in a dwelling with another while the landlord is away.

jacques_chirac

This friend you talk about misfit, is it the one you asked about in your other thread? If so, do you think he is helping the situation, or is he feeding your irrational feelings?

Are you aware that you may be eligible for a discretionary housing payment, if you are unable to share for health reasons?

heartshapedbox

JQ my understanding of this aspect is that rent must be paid on time (OP said it was not) AND also the AST would no longer exist as a new verbal contract is now in place...proving the verbal contract is obviously always the difficult part.

earthbound_misfit

JQ. wrote: »

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.

He didn't have exclusive occupation during those 4 months, there was another lodger in the other room. Don't know if that's relevant though.

Thanks to all for the advice - I'm still reading through and will continue to until the situation is resolved.

thesaint

thesaint wrote: »

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

What he said^^^

heartshapedbox

What about rent misfit...surely you can kick him out for that alone!

JQ.

heartshapedbox wrote: »

JQ my understanding of this aspect is that rent must be paid on time (OP said it was not)

No it doesn't.

heartshapedbox wrote: »

AND also the AST would no longer exist as a new verbal contract is now in place...proving the verbal contract is obviously always the difficult part.

You can't just stop an AST by making a verbal agreement, legal notices need to be served in the correct form and manner.

JQ.

earthbound_misfit wrote: »

He didn't have exclusive occupation during those 4 months, there was another lodger in the other room. Don't know if that's relevant though.

Thanks to all for the advice - I'm still reading through and will continue to until the situation is resolved.

Nope, "They" had exclusive occupation as tenants of yours. Neither were lodgers, they were joint tenants. One of the tenants moved out, but the other remains in occupation uder the original AST. You are now either also a joint tenant, having replaced the vacating one or you're a lodger.

heartshapedbox

Ok so she can't evict him?