Problems with Lodger now more serious

G_M

BitterAndTwisted wrote: »

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.

I am decent(ish), but not Christian. In the crcumstances, I would probably do just that.

oldbaldman

TheFox30 - Not wishing to influence your action either way but a general rule of thumb I consider when making a decision which may put another under duress is "how would I feel if i were on the receiving end"?

He will be leaving in due course. Is your concern that you can not even go out for a drink now and leave him on the house fully warranted?

obm

TheFox30

He will be leaving in due course. Is your concern that you can not even go out for a drink now and leave him on the house fully warranted?

I'm not sure. I get the feeling that he may try to get revenge in some way if given the opportunity. Of course, I can't justify this with any form of concrete evidence (he hasn't said 'I'm going to do x, y and z'), it's simply a hunch.

gazter

BitterAndTwisted wrote: »

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.

He hasn't paid his rent. He needs kicking out asap. I would personally kick him out there and then. But that's just me.

TheFox30

He hasn't paid his rent. He needs kicking out asap. I would personally kick him out there and then. But that's just me.

To be honest, that's my opinion, but I also want to ensure that I'm acting fully within the law. I was contemplating earlier on whether I'd be within my rights to simply change the locks tomorrow (on the basis that he's refused to pay the agreed amount of rent) but I'm not happy enough with the legitimacy of it to go ahead.

What I have decided to do is to follow up the advice of G_M and to consider the half month's rent to only cover him for exactly that - half a month. I've drafted a letter to be given to him tomorrow saying:

'The £160 you've paid only covers your rent for the first half of the month (i.e. from 27/12/14 to 11/1/15)

Please ensure that £160 to cover your rent and bills for the period 12/1/15 - 26/1/15 is paid to me in full by 11/1/15 at the latest. Failure to do so will make you liable to immediate eviction'.

I've not sent this to him yet and I've considered leaving out the last sentence.......i.e. to not give him advance warning, as this may make the eviction on the 12th easier if it comes to that. Any thoughts?

carlx

Like you i would be concerned leaving a disgruntled lodger (who may or may not in the past have screwed your kitchen cupboards shut, taken control of things he had no need to control etc..) in my property.

I am not christian and I am only decent to those who treat me in a manner in which is deserve, i think £160 rent is an insult and breaches the contract that you have upheld. I would have given him the £160 back and told him he had 24 hours to vacate, but i can be cruel.

in regards to your 'last line' - i wouldn't pre-warn him, tell him what you would like to happen and leave the threat of eviction unsaid.

EmmyLou30

Legally as a lodger he has no rights, it's not like tenants who have lots of rights. You can chuck him out tomorrow if you like. If I were you I'd tell him he either pays the other £160 or he's out on the 12th. I also wouldn't leave the house while he's in it alone, you never know what a disgruntled lodger might do....but then I'm the paranoid sort!

G_M

He does have rights - he has a contract. There are no statutory rights such as a tenant has, whci are much stronger, but parties to a contract can sue for breach.

Of course, that applies both ways, and he is in arrears so there is a breach enabling a defence/counter claim.

OP - any update?

TheFox30

in regards to your 'last line' - i wouldn't pre-warn him, tell him what you would like to happen and leave the threat of eviction unsaid.

That's exactly what I did in the letter that I gave to him on Monday. I also emailed the letter to him so as to have proof of sending.
He's said nothing about it and hasn't paid anything yet. I'll give it til Monday morning as per the letter. If he still hasn't paid, I'll change the locks

TheFox30

In terms of problems in the house, he hasn't done anything as far as I can see. He's just kept himself to himself and gone to his room when I've been in. I'm still keeping the precautions of keeping phone / wallet / keys with me at all times and not leaving the dog alone in the house with him