Lodger problem

Joanthebone

Just an update ... CAB tell me I have to accept the security deposit as her last months rent. She comes and goes, banging all the doors, using the washing machine every day and some crockery and cutlery has gone missing. I now keep everything valuable that I can move locked in my bedroom. I have to put up with this until 27th September:( At least I am still losing weight with all the stress !:(

HappyMJ

Joanthebone wrote: »

Just an update ... CAB tell me I have to accept the security deposit as her last months rent. She comes and goes, banging all the doors, using the washing machine every day and some crockery and cutlery has gone missing. I now keep everything valuable that I can move locked in my bedroom. I have to put up with this until 27th September:( At least I am still losing weight with all the stress !:(

That's not correct. CAB is not always reliable for giving correct advice. You can ask a lodger to leave at any time by giving reasonable notice. There is no definition of reasonable notice and by shelter's own site it even says excluded occupiers do not have any legal protection. http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_excluded_occupiers

It also says the landlord does not have to go to court to evict you. You can do it yourself by changing the locks.

G_M

Joanthebone wrote: »

I don't have a spare room for you at the moment though!

I think you're in there, moneysitooshort......

moneyistooshorttomention

G_M wrote: »

I think you're in there, moneysitooshort......

:rotfl::beer: - errrm....think this must be somewhere in England (by the sea). Wonders where...I could be open to offers (provided its not Blackpool - errrm...been there before and...errrm...not planning on going again...).

Guest101

HappyMJ wrote: »

That's not correct. CAB is not always reliable for giving correct advice. You can ask a lodger to leave at any time by giving reasonable notice. There is no definition of reasonable notice and by shelter's own site it even says excluded occupiers do not have any legal protection. http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_excluded_occupiers

It also says the landlord does not have to go to court to evict you. You can do it yourself by changing the locks.

As I've said numerous times- it depends what the contract says.

moneyistooshorttomention

Sorry to hear this is still continuing Joan.

I'm not very inclined to believe what that particular advisor said to you either Joan. Their advisers can be very variable. I've been to them twice in the past on different topics. First time - I already knew better than they did (and knew they were wrong). Second time - they breached my confidentiality.

I'm in process of a 3rd try at getting help/info from a CAB now - and being quite firm about what level of person I need to see - so I DO get proper informed advice this time.

HappyMJ

Guest101 wrote: »

As I've said numerous times- it depends what the contract says.

It really doesn't matter what the contract says the lodger has no legal protection. The lodger cannot go to court to get possession of the room back if the landlord has locked the lodger out.

moneyistooshorttomention

HappyMJ wrote: »

It really doesn't matter what the contract says the lodger has no legal protection. The lodger cannot go to court to get possession of the room back if the landlord has locked the lodger out.

Precisely.

Kick her out now Joan - and change the locks immediately afterwards.

Joanthebone

moneyistooshorttomention wrote: »

:rotfl::beer: - errrm....think this must be somewhere in England (by the sea). Wonders where...I could be open to offers (provided its not Blackpool - errrm...been there before and...errrm...not planning on going again...).

Ha ha, A long, long, way from Blackpool!

beeg0d

HappyMJ wrote: »

It really doesn't matter what the contract says the lodger has no legal protection. The lodger cannot go to court to get possession of the room back if the landlord has locked the lodger out.

Of cause they have legal protection, just not on the same level an AST tennant has. While you are correct they cant goto court to get possession of the room back. What they can do (assuming the LL is in breach of the lodger aggreement (remember the lodgers breach alone dosnt void the contract)) is goto court for any "resonable expences" the LL's breach has caused (hotel bills untill the lodger found new accom). The LL can of cause counter sue for the unpaid rent however as the LL is already holding a deposit to the value of the lodgers breach the LL's claim can be largly ignored, unless damage has occured).