Problems with Lodger now more serious

TheFox30

I am interested in this because in a few months time i will be purchasing a larger property and having two lodgers live with me - your pain and trouble are my learning curve!

That's the thing, you do learn from things like this (as I have done with the 3 things I said I'd do differently with hindsight).

I've had real hassle with both this chap and the last one I just had, but I wouldn't let that put you off - I've rented out rooms for 5 and a half years to probably 20-25 different lodgers and up until these 2 chaps, I'd only ever had to ask 1 of these people to leave.
A few of the lodgers I've had I still see socially and the first one I ever had (who I didn't know beforehand but stayed for about 3 years) is one of my best mates. This chap, by comparison, even before he became an actual problem, made very little effort to make conversation and would barely say hello unless the hot water wasn't working or something.

kinger101

Out of interest, do you have a "screening" process for your lodgers. Perhaps it's time to come up with one if the last two have been a bit weird.

TheFox30

Yes, in fact, I'm much more thorough than I used to be.

I always get proof of identification, proof of where they work and a reference (from either their work or their current landlord) as well as making my own judgement about them when I show them round. These 2 chaps provided all 3 documents no problem and both came across as decent normal fellas when I first met them.

G_M

I would not respond further to emails from him. It will just be a pointless back/forth of 'notice is valied'/'notice is not valid'.

You've given notice. You know it's valid.

Whether he agrees is irrelevant for the time being.

TheFox30

Update: Lodger returned yesterday. I sat down and spoke to him half an hour ago. He was amicable until I told him that his month's notice was still going to stand.

There's now an issue with the final month's rent (the £320 that was due on 27th December). I've asked him for this, at which point the conversation has gone as follows (not word for word obviously, but the content is what was said):

Him: 'I'll give you £160. My £160 deposit will cover the 2nd half of the month'
Me: No. Your deposit is to cover any damages at the time you move out. It's not to cover rent.
Him: Well £160 is all I have. I can't give you £320 because I don't have it.
Me: That's not enough. You owe £320. I will take the £160 now and then look into what to do next, because by not paying £320, you're breaching your contract'
Him: Ok (gives me £160 cash)

Can anyone advise me what my actions should be here? I'm well aware that it's a breach of contract and that he should not be staying for the full month based on deposit paying rent.

G_M

Simple. His £160 covers rent for )about) 2 weeks from 27 Dec.

So on 12th Jan (benefit of doubt) if he does not pay the other £160 you evict him immediately. Does he work? As soon as he goes out, pack his stuff and change the locks.

The guy is a chancer ad does not warrant the giving of leaway.....

In retrospect, you shpul have had two conversations: the first to get the rent owed, and then a conversation about the notice......

pinkshoes

There is no minimum notice period for lodgers. Tell him he has 7 days to pay the remaining £160 otherwise he needs to move out in one week, which is all his rent will cover.

TheFox30

G-M: Thanks - that's what I thought would be the case but it's good to get confirmation from somebody else. And yes, in hindsight, I should have got the rent first but obviously, it's too late for that now.

Would you advise making it clear to him (probably in writing) that the 2nd £160 needs to be paid before the 12th January? My own intuition says that this would be advisable so that he can have no legitimate complaints.

If he doesn't pay, then the 12th works well as it's a Monday, and he works Mondays but I don't.

TheFox30

G_M (or anyone else in the know): I take it I've no legitimate grounds to say on the basis that he's failed to pay his rent as agreed, return the £160 (i.e. it's £320 or nothing at all) and change the locks tomorrow?

To be honest, given how his attitude changed when I told him I was sticking to the month's notice, I don't feel comfortable leaving him alone in my house. I've got plans arranged to go out for a drink with a friend tonight but I don't feel comfortable doing so. However, I can't give any solid justification for this (just a hunch)

BitterAndTwisted

How easy do you think it is for someone to arrange alternative accommodation with only a fortnight do so without a pay-cheque in-between?

I think this is the position you have imposed on your lodger.

I think you have a choice: accept the £160 he's paid you and allow him to make alternative arrangements hoping that he'll find a different place before his two weeks expires. Or accept that the deposit he has paid you will be in lieu of rent and cross your fingers that there's not damage when he decides to leave.

What you cannot do is expect him to magic the full rent for the month's notice plaus whatever new deposit and rent in advance he will need to come up with.

What I would not do would be to toss him and his things out on the 12th of this month if he hasn't secured alternative accommodation or paid the balancing £160 by then. That's just not decent or Christian.