Problems with Lodger now more serious

Guest101

TheFox30 wrote: »

Hi all

Apologies for creating another thread (I feel like I'm spamming the forum!) but I've now got a totally new problem with the lodger that I created a thread about a couple of days ago that I feel warrants it's own thread.


For those who haven't read it, here's the initial thread re some damage caused (I strongly suspect) by my lodger: https://forums.moneysavingexpert.com/discussion/5142310


To add a bit of background info (that I didn't mention before as I didn't feel it was relevant), my lodger informed me a few weeks ago that due to him getting a pay cut at work, he was looking for somewhere cheaper and that, when he found somewhere suitable, he'd then give me his month's notice. As yet, this hasn't happened.


I gave him his month's notice by email this afternoon, but to avoid conflict, although I asked him about the damage, I didn't make the damage the reason. Instead, I told him that I'd had 2 other enquiries from people about renting a room (which is true). I told him that, in order to give potential new lodgers a specific date by which a room would be available, I'd decided to give him his month's notice now, rather than wait around for him to give me notice.


Specifically, this is what I said (with names changed and with earlier irrelevant paragraphs missed out): What's happened in the kitchen? I noticed yesterday that 2 of the doors to one of my kitchen units (the one with your pots and pans in) wouldn't open. On closer inspection, it appears that someone (either yourself or Fred) has fastened screws through the doors and into my kitchen units, before concealing the screws using polyfiller. I've removed the screws, as they shouldn't be there, meaning there's now 2 holes through the doors. Has this been done by yourself or by Fred?



As of today, I've decided to give you your month's notice. This email constitutes your notice and means that you'll move out no later than 30th January 2015. As per your contract, you'll return all keys and remove all your belongings by this date. The reason for this isn't because of the damage to the kitchen unit and it isn't because of anything you've done wrong (unlike with Fred and the lack of cleaning).

The reason is that I've had 2 other enquiries about renting a room since yesterday (it's normal to get a lot of enquiries around the turn of the year). To get a new housemate in, I need to be able to give potential housemates a specific date for when I'll have a room available. If I say to them that they'll have to wait for you to give your month's notice and that I don't know when this will be, in all likelihood, they'll go and find somewhere else. I'm sure you can appreciate that if I wait around for you to give your notice (as you said that you're looking for somewhere cheaper), I'm likely to miss out on getting someone else.



I was expecting him to email back with an explanation / apology for the thing in the kitchen, and to say that he understood my reasons for the month's notice. However, this is what I've had back in reply:
I have no idea what you are on about regarding the kitchen units? Before I left I put all my stuff in to my kitchen units and that's it. What screws are you refering too? It sounds like an accusation and for that reason I am not accepting your notice on the ground of unfair eviction without any reason (to highlight this again, you are accusing me for something I haven't done and I haven't got a clue about). Regarding what I said to you about me potentially moving out, this was dictated by the pay cut, which I explained to you. Moreover, I told you that I will let you know about any changes well in advance. I want to consult this situation with the Citizen Advice Bureau and the solicitor at my work place.



So as you can see, I've now got more of a situation than I anticipated. I haven't responded at all. I'm well aware that I don't have to give any reason for giving a lodger a month's notice to leave (I felt it polite to give an explanation) and so there is no such thing here as an 'unfair eviction'. However, I very much don't want him back in my house in any way. For one, I've got grounds to suspect he's damaged my property. For two, his rent's overdue (he normally pays cash on the 27th of every month but he isn't back in the country til this Saturday, so it hasn't been paid). For three, the aggressive and unpleasant tone of his email (although I'm well aware this isn't an actual offence).



My own intuition tells me that he shouldn't be coming back in my house, and that I could use the suspected damage to justify not giving any notice. I also suspect that his refusal to accept notice to leave could mean there's likely to be a breach of the peace, and for that I'd need Police attendance for him collecting his belongings and then going. Can anyone advise me if I've got this about right? (I've given notice to leave twice previously but never had to deal with this)
He's due back this Saturday (which is an additional pain for me as it's my birthday, and I've got family and friends round all day!). Can anyone advise me please on a course of action?

I'd be happy to advise you.

If on the 31st of January his belongings or him are still there, boot him out.

Until then do nothing.

Next time do weekly notice.

Unfortunate re ur birthday - but that's what u get when u share a house.

His email was not aggressive, he's seeking legal advice - let him, he'll work out he has to leave all by himsef.

As for breach of the peace and not letting him in- only if you want him to ( correctly ) take you to court for breach of contract.

mustang1

TheCyclingProgrammer wrote: »

Email him and tell him you weren't directly accusing him and that if he knows nothing about it, that you accept that and will assume it was the other lodger and that nothing more will come of it. Then restate that this has nothin to do with the eviction and restate the notice.

Ditto this. Final response and then enjoy your birthday!

ViolaLass

EverGreen wrote: »

Hmmmmm....I think my Q sounds too innocent.
From my own experience, sometimes some of the landlords can be real nightmares. At least in UK, the law is the rule, that is why you are here for serious advice or for fun. It happened to me in Canada. Canada sometimes looks like a "lawless country" specially when the nighmare landlords are women or elderly. Plus...Canada sits on big paranoia...the paranoia that everyone on earth is looking to go there, stay there and never leave. How many times I advised my friends there that their year is divided into 5 months frozen snow (2 moths are real killers) and the rest: warm summer with billions of biting mosquitoes.
No offence intended. HOW OLD ARE YOU Landlord?

You're coming across as gently nutty. Why not just say what you're aiming for?

Guest101

ViolaLass wrote: »

You're coming across as gently nutty. Why not just say what you're aiming for?

Meet Fred

TheFox30

Thanks again for the last few responses. They've all just reiterated that the advice of TheCyclingProgrammer is what I should be doing.

Final decision to make is whether to ask in the email for payment of monthly rent before he returns, or to allow it to be paid on the 4th (the day after he returns). He normally pays it in cash on the 27th of every month, but due to him being out the country, the rent from the 27th of December hasn't been paid yet. Not sure if he has online banking or not

strawberries1

OP, lodgers generally have very few rights and you can ask them to leave with reasonable notice. If there's threatening behaviour etc, it is reasonable to ask that they leave within 24 hrs. Don't get into an argument with him on your birthday. You can simply ignore him. The day after change the locks and send him an email stipulating what time he can come for his things and inform your local police.

G_M

Ignore this advice

strawberries1 wrote: »

OP, lodgers generally have very few rights and you can ask them to leave with reasonable notice. .

What strawberries means is that there is no statutory protection for lodgers, as there is for tenants.

But contract law still applies.

If your contract with the lodger says 1 months notice, providing less would be breach of contract.

'Reasonable notice' would apply if the contract did not specify a notice period.

EverGreen_2

ViolaLass wrote: »

You're coming across as gently nutty. Why not just say what you're aiming for?

I already said: "Some of Landlords can be real nightmares".
The OP has to decise, is he one........?

mustang1

TheFox30 wrote: »

Thanks again for the last few responses. They've all just reiterated that the advice of TheCyclingProgrammer is what I should be doing.

Final decision to make is whether to ask in the email for payment of monthly rent before he returns, or to allow it to be paid on the 4th (the day after he returns). He normally pays it in cash on the 27th of every month, but due to him being out the country, the rent from the 27th of December hasn't been paid yet. Not sure if he has online banking or not

If he's back on Saturday then I would just wait until then and raise it with him post your birthday celebrations if he hasn't offered up the rent before then - no point in adding it as an issue if he has always paid on time in the past.

ViolaLass

EverGreen wrote: »

I already said: "Some of Landlords can be real nightmares".
The OP has to decise, is he one........?

And that has what to do with the OP's age?