Urgent swift eviction of lodger?

thesaint

earthbound_misfit wrote: »

Dates:
15/01/13 - Lodger 1 moves in.
17/01/13 - I go abroad, lodger 2 (the one in question) moves in on lodger's agreement for a stated time of 4 months from this date.
17/05/13 - I return, informal agreement is made to continue as was until he moves in with partner.

You have a lodger, not a tenant.

jamie11

Re the rabbit, have some carrots to hand.

Yorkie1

thesaint wrote: »

You have a lodger, not a tenant.

On those dates, person 2 never shared accommodation with OP. So I very much doubt your certain statement.

thesaint

Yorkie1 wrote: »

On those dates, person 2 never shared accommodation with OP. So I very much doubt your certain statement.

Lodger 2 moved in on the 17th whilst the landlord was there.
Unless you think lodger 1 got lodger 2 in after the landlord left that day?

G_M

Lodger or tenant?

It is a moot point:

a) because they did not initially share the property (LL moved out day lodger/tenant moved in)
b)but LL was only short-term abroad and retained main UK address - If I have a lodger and go on holiday, lodger does not become tenant.

Ultimately only a court could rule.

However, in practical terms, OP should treat this as a lodger and evict. Fast.

See post 4:

* 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)

Kynthia

The police are not there to be used as landlord's bailiffs, they will only deal with a crime. Give your lodger notice, perhaps in writing, and do what you can to make it go smoothly. This may include more than a day's notice or offering rent back, etc. Then as said before if he doesn't leave you'll have to change the locks when he's out, pack his belongings and alert the police to a potential breach of the peace when he returns.

thesaint

G_M wrote: »

Lodger or tenant?

It is a moot point:

How can it be a moot point whether the person is a lodger or a tenant?

Annisele

thesaint wrote: »

How can it be a moot point whether the person is a lodger or a tenant?

Because in this case, it's really not obvious which it is. We could discuss it endlessly, but as G_M says ultimately it would be down to a court.

Certainly the person must be either a tenant or a lodger - not both. Personally I lean towards tenant, but I understand G_M's lodger argument.

In either case, being nice to the person and potentially buying them off will be cheaper than taking this to court.

fart

I'm usually tolerant of other people's issues but him leaving mouldy food, not cleaning up and then shouting at you for entering his room while he's asleep is making you have suicidal thoughts? You need to grow up.

ValHaller

earthbound_misfit wrote: »

T
No, I woke him to give notice, as he has repeatedly left filth and left the flat unsecured. I should point out that this wasn't early in the morning, was around 11 or 12.

I think that entering his room and waking him for something immediate - backdoor open and ascertain whether he is in so you don't lock him out - is reasonable.

Entering the room and waking him - and giving notice to a half asleep person was out of order and the kind of thing you would expect to go wrong. At most you shoudl have called him from outside the room and told him you need to see him in half an hour.