Lodger help please!!!

sez1512

Hi all,
I have had a lodger who was also a friend for the past 7 months.

It has been up and down and she has 'moved out' twice previously but has never given written notice and continued to pay rent for the time she had left.

She moved out again last night because my husband dared to ask when she was going to do her share of the cleaning.
This time she has taken all her stuff apart from 4 pieces of furniture which she said she intends to return for.
She was paying £250pm bills included.

She has now accused me of falsifying the contract by altering the date, coercing her into signing the contract and just being in it for the money. All of which is untrue.

So what are my/her rights here?

I requested written notice and was told to **** off, she now states she will email me her notice back dating it to the 13th (the last time she left) Still no email. By the way she pays on the 13th.

I have removed a bin bag of rubbish from her room and cleaned it because it was disgusting. she is now accusing me of moving her stuff although according to the contract I can enter the room whenever i want.

My desk in her room is also damaged, but she claims it wasn't her.

I am really unhappy about her being able to enter the property at any time but my understanding is that I can not change the locks until the months notice ends, is that right?

Can I use the room in the meantime so long as I do not use her furniture? The bed is mine and a mutual friend is supposed to be staying over in 2 weeks.

Sorry for the rambling but I wanted to give as much detail as possible. Any advise would be appreciated. Thanks.

G_M

She's a lodger, not a tenant so has few rights.

She has 'offerred' to end the contract early without notice, and you have accepted. Sorted.

Change the locks.

Contct her and arrange a time for her to collect her stuff.

Did she pay a deposit? Deduct the cost of any damage and repay the rest. If no deposit, put it down to experience - it's not worth the hastle of trying to claim off her.

Then forget her and move on.

Pixie5740

She's a lodger so she has very few rights. All you have to give is reasonable notice that you want her out unless you've done something silly like asked her to sign a tenancy agreement.

If she's paid rent to cover the two week period that your friend is going to be staying with you then I'd say it's bad form to then use the room.

Confusedandneedhelp

sez1512 wrote: »

Hi all,
I have had a lodger who was also a friend for the past 7 months.

It has been up and down and she has 'moved out' twice previously but has never given written notice and continued to pay rent for the time she had left.

She moved out again last night because my husband dared to ask when she was going to do her share of the cleaning.
This time she has taken all her stuff apart from 4 pieces of furniture which she said she intends to return for.
She was paying £250pm bills included.

She has now accused me of falsifying the contract by altering the date, coercing her into signing the contract and just being in it for the money. All of which is untrue.

So what are my/her rights here?

I requested written notice and was told to **** off, she now states she will email me her notice back dating it to the 13th (the last time she left) Still no email. By the way she pays on the 13th.

I have removed a bin bag of rubbish from her room and cleaned it because it was disgusting. she is now accusing me of moving her stuff although according to the contract I can enter the room whenever i want.

My desk in her room is also damaged, but she claims it wasn't her.

I am really unhappy about her being able to enter the property at any time but my understanding is that I can not change the locks until the months notice ends, is that right?

Can I use the room in the meantime so long as I do not use her furniture? The bed is mine and a mutual friend is supposed to be staying over in 2 weeks.

Sorry for the rambling but I wanted to give as much detail as possible. Any advise would be appreciated. Thanks.

is she supposed to do a share of the house work? according to the contract?

you can enter her room, but you defintely cannot remove her possessions! :eek:

can you prove the desk wasnt damaged before she moved in?

do you have a deposit?

no you cannot change the locks, she could sue for quite abit of money. Whilst shes not a tenant, she still has rights, whoch you have given her in the contract.

I would not let anyone use the room, as she could claim that that person has damaged or stolen things.

What doe sthe contract say about notice? doe sit have to be given on/by the 13th?

sez1512

No deposit, she moved in as a friend (silly i know) and I am not bothered about the damages really.

Yes we do have a lodger agreement that states that a month's notice is required-I thought that was a good thing!!

Pixie5740

Then give her a months notice and get her out your home. Why wait for her to give notice?

Confusedandneedhelp

G_M wrote: »

She's a lodger, not a tenant so has few rights.

She has 'offerred' to end the contract early without notice, and you have accepted. Sorted.

Change the locks.

Contct her and arrange a time for her to collect her stuff.

Did she pay a deposit? Deduct the cost of any damage and repay the rest. If no deposit, put it down to experience - it's not worth the hastle of trying to claim off her.

Then forget her and move on.

Pixie5740 wrote: »

She's a lodger so she has very few rights. All you have to give is reasonable notice that you want her out unless you've done something silly like asked her to sign a tenancy agreement.

If she's paid rent to cover the two week period that your friend is going to be staying with you then I'd say it's bad form to then use the room.

Whilst i would not think to argue.

Has she actually chosen to end the contract early? My understanding was she gave a months notice, from the 13th, which the LL accepted. So has rights to be there until the 12th August?

sez1512

is she supposed to do a share of the house work? according to the contract?
Yes she is, she agreed at the beginning and yes it is in the contract that she will share the responsibility to keep shared areas clean.

you can enter her room, but you defintely cannot remove her possessions! :eek:
I have only removed a bag of rubbish so my whole house didnt smell. I still have it though as rubbish not been collected yet.

can you prove the desk wasnt damaged before she moved in?
No afraid not-but I can live with that

do you have a deposit?
Nope she moved in with no deposit as I was trying to help out a friend.

no you cannot change the locks, she could sue for quite abit of money. Whilst shes not a tenant, she still has rights, whoch you have given her in the contract.
Ok-so wait until the month is up?

I would not let anyone use the room, as she could claim that that person has damaged or stolen things.
Ok thanks.

What doe sthe contract say about notice? doe sit have to be given on/by the 13th?[/QUOTE]
No the contract states 'By mutual agreement either party may at any time end this Agreement earlier
that the end of the Period by giving to the other written notice of one month. '

G_M

As I said, and contrary to others' opinions, this is clear demonstration of an offer by the lodger to surrender the agreement.

Which the LL can and probobly has accepted.

Contract ended.

sez1512

Confusedandneedhelp wrote: »

Whilst i would not think to argue.

Has she actually chosen to end the contract early? My understanding was she gave a months notice, from the 13th, which the LL accepted. So has rights to be there until the 12th August?

I have not accepted her notice. I have requested written notice of one month which I have yet to receive.

However I do plan to accept the notice from te 13th so that this can all be over and done with.

Confusedandneedhelp

G_M is a fore runner on these topics, so i would trust that opinion and say it has been ended.

If she has forward paid any rent I may be inclined to return it, just to make it clear the contract is finished.