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What on earth do we do??

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  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    https://www.gov.uk/rent-room-in-your-home/your-lodgers-tenancy-type
    Your lodger is likely to be an occupier with basic protection if:
    they live in your home
    they don’t share any living space with you or your family
    If your lodger won’t leave when you ask them, you’ll need to get a court order to evict them
  • BigAunty
    BigAunty Posts: 8,310 Forumite
    1,000 Posts Combo Breaker
    Mojisola wrote: »
    https://www.gov.uk/rent-room-in-your-home/your-lodgers-tenancy-type
    Your lodger is likely to be an occupier with basic protection if:
    they live in your home
    they don’t share any living space with you or your family
    If your lodger won’t leave when you ask them, you’ll need to get a court order to evict them

    I don't dispute that it is possible for an owner and an occupier to live together in the same property under the same roof but with the type of configuration of space that means the occupier has full tenant rights rather than being defined as an excluded occupier.

    Sometimes a live in landlord who partly cohabits with a partner or works overseas can accidentally jeopardise the lodger status because it's no longer their primary place of residence.

    My understanding is that it's not about access to specific rooms or specific amenities but is about sharing internal/communal space - a flatlet with a door accessible just from the outside of the property directly into it would fall foul of the excluded occupier (lodger) definition) and the occupier would be a tenant as I've previously outlined whereas an internally accessed door to a dedicated lodgers space is probably acceptable (still an excluded occupier despite the higher degree of privacy and lower degree of sharing of space).

    I got the impression for this from the Landlordzone website a few years ago. Perhaps it's based on case law from legal challenges, I don't know.
  • onlyroz
    onlyroz Posts: 17,661 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    For me, the ideal set-up would be for the lodger to have their own bedroom (large enough to accommodate their own sofa and TV) and bathroom, some basic kitchen facilities (e.g. their own electric ring, microwave and fridge), and access to the communal kitchen if they wish to prepare a more complex meal.
  • My husband and I have been in this situation twice - click on my profile to see the thread.

    Husband's friend lost job and therefore flat - we offered him somewhere 'to get back on his feet'. He hung around for months, living on our sofa of our tiny two bed terrace. Annoyed at little one. Very picky about the type of job he would accept and did not want a 'bedsit' or something like that. This went on for close to six months. We told him we wanted him out - surprise surprise, that month he managed to find a job and a room in a shared house.

    It is unfortunately human nature to be given an inch but take a mile. Their friendship was ruined by the taking advantage. He did not pay rent and was at home all day but our garden was overgrown. my husband worked 60 hours a week and I worked long hours too but he did not see fit to get out the lawnmower, that kind of thing.

    Tough love is needed. He needs to get out and sort out his situation. you have done enough. give him two weeks.
  • LeeLoo wrote: »
    My husband and I have been in this situation twice - click on my profile to see the thread.

    Husband's friend lost job and therefore flat - we offered him somewhere 'to get back on his feet'. He hung around for months, living on our sofa of our tiny two bed terrace. Annoyed at little one. Very picky about the type of job he would accept and did not want a 'bedsit' or something like that. This went on for close to six months. We told him we wanted him out - surprise surprise, that month he managed to find a job and a room in a shared house.

    It is unfortunately human nature to be given an inch but take a mile. Their friendship was ruined by the taking advantage. He did not pay rent and was at home all day but our garden was overgrown. my husband worked 60 hours a week and I worked long hours too but he did not see fit to get out the lawnmower, that kind of thing.

    Tough love is needed. He needs to get out and sort out his situation. you have done enough. give him two weeks.

    Blimey, LeeLoo - just read your thread... What a nightmare!! Glad it's all sorted now. x
  • Some of you might remember my thread about my mate staying with me. Looking at what the OP has said has made my lodger sound perfect. I adore my kids and having someone who is not their parent snapping at them would make me see red and they would be lucky to even get one warning. My mate never ever said one bad word to my kids, never.

    PM Lindy hit home something that was in my mind the minute my mate said he was evicted and I thought he would be an asset and he was at first but he lost is job and I should have layed out some rules at first but this was my first ever time at this game and hopefully be the last as I am too soft for my own good but luckily thinks are better for me now.

    Still can't get this out my head about him snapping at your kids. That is abhorrent.
  • bargainbetty
    bargainbetty Posts: 3,455 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Gavin83 wrote: »
    What were they doing to make you feel uncomfortable?

    Only just revisited the thread....

    He would lie about the living room all day doing nothing, and then do the 'sigh and fuff' routine if I asked him to help me out with cleaning.
    Promising to help with dinner and then suggesting I buy a takeaway for us both instead, because 'I deserve a treat' (he would share it, obviously)
    Complaining that I didn't understand his health conditions
    Leaving me feeling like I was walking on eggshells if I pointed out that he was ever being unreasonable or unhelpful.
    Telling me that I was the unreasonable one, because no one needed to be tidy all the time.
    Telling me I was unreasonable for expecting him to help when he was ill
    Making loud personal phone calls
    Interrupting my personal phone calls
    Leaving dirty clothes in the bathroom
    Going into my bedroom to borrow books/DVDs etc without asking
    Coming into my bedroom without knocking
    Using up stuff in the fridge without telling me or replacing it, then pouting if I mentioned it
    Breaking crockery and not mentioning it - when I commented I appeared to have fewer bowls, I got no apology or offer to replace.
    Asking me to pick up a few things on the way home, only to be told they didn't have the cash to pay me back.
    Late rent
    Increased bills - when I asked that everything be turned off overnight I was told that insomnia meant he fell asleep watching TV, and wouldn't be able to set a timer. My bills halved when he left.
    Using my toiletries up without replacing them

    I had one other lodger after that. He was clean, tidy, cooked, washed up all the time, made tea, shared all the bills and food costs and always changed the toilet roll and remembered to recycle the paper tube.

    Ground rules. They work.
    Some days, it's just not worth chewing through the leather straps....
    LB moment - March 2006. DFD - 1 June 2012!!! DEBT FREE!



    May grocery challenge £45.61/£120
  • Abbafan1972
    Abbafan1972 Posts: 7,178 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I would give him notice to leave and be firm with him. Do you want him there over Christmas?
    Striving to clear the mortgage before it finishes in Dec 2028 - amount currently owed - £18,886.27
  • nancmat
    nancmat Posts: 837 Forumite
    As his friend, maybe you should let him go before this friendship takes a turn for the worst. I'd happily help a friend out with a sofa to crash on but my child comes first, it's their home not his. Give him a list of suitable properties/contacts and say this really isn't working out. Good luck.
    Received £2,626.00 in PPI -2013:j
    Received £1400 charges - 2006:j
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