Evicting a live in lodger/tennant

cluelessoncanvey

Hi, thanks in part to the wonderful advice on this forum I bought my first place a flat 30th november last year.

I advertised a room to rent and had someone move in end of last month. I asked for a months rent in advance and an addtional deposit of the same amount again in advance and informed they pay in advance so if they don't pay I expect them out end of that month.

Moved a lady in, nice and friendly, sociable yet stays in her room most of the time, perfect. However she was telling me stories of her day at work whereas a lady I work withs daughter works with her and was told she hasn't been coming in. Now the second months rent is due, said she'd pay it thursday, is now friday and is not in my account. I spoke to the lady at work who then rang her daughter and told me work had sent her three warning letters, as she hasn't been in nor been in touch, not answering the phone nor responding to the letters and they have sacked her. I am understandably worried now, going to tell her I expect the money beginning of next week else I want her out as soon as possible, end of the month at the latest (I can then use her deposit to cover the loss of rent and hope she doesn't damage anything).

When I was renting about 8 years ago I was benig evicted and asked the police what to do, and they told me to put a lock on my door because they can throw my stuff in the street and change the locks and there's nothing I can do about it. That sounds the easiest option, is that still the case? There is no paperwork to say she lives with me, except for one form I had to do for the council for the flat's building insurance, but she doesn't know about that.

Thanks in advance for any advice.

societys_child

Lodger or tenant? They're completely different.

Lodgers have very few rights and unless you've draw up some legally binding contract, you can give whatever notice you want although you should allow her to remain until the deposit is "used" or return it when she leaves. Don't think you can just keep it to cover gaps in you're rental income.

TBagpuss

If she is a lodger, and assuming you don't have a formal contract, you can simply tell her to leave.

If you have a wrtitten agreement then you need to stick to what was agreed in terms of notice.

As you have a month's rent by way of deposit you are not going to be out f pocket until the end of this month

I'm quite shocked that your friend and her daughtera re sharing information with you about a stranger's work / discipline issues.

Piscean1991

Hi,

I have lodgers too but give them written contracts. Did you have a verbal agreement about how much notice there was for leaving other than with regards to rent?

Lodgers aren't tenants so they don't have the same rights and all that's required is a reasonable period of notice. If you didn't agree one, a reasonable notice period is usually the same as the rent period. So, if she's paying rent each calendar month you should give her a calendar month's notice. You do need to get rid of her though. If I were you, I would write her a formal letter giving her notice of eviction.

It doesn't need to be long, just something along the lines of:
I am writing to give you one calendar month's notice of my intention to end our verbal lodger agreement. Notice starts today which means that you will need to have vacated the room and returned the keys on or by [DATE]. The room will need to be cleaned and empty of your belongings.

The reason for terminating your occupancy is that you failed to pay the agreed rent due on [date] which is a breach of our verbal contract. Please note that rent remains payable until the date of your departure and that your deposit may be retained in lieu of any rent owed should you fail to pay. The amount currently owed is: £XXX

If you have any concerns or would like to discuss this further, please don't hesitate to speak to me.

Retain a copy of the letter as evidence that you have served her notice. All being well, she'll just pack her bags and leave. At the end of the month, if she refuses to move out you have a few options.

1) Phone the police on their non-emergency number, explain the situation and see what their advice is. I suspect that she will be considered a trespasser.

2) Apply to the courts for removal. Not sure how to do this or if it's costly and it might be difficult without a written contract (which is why you definitely need to be giving her written notice!) I'm sure some Google magic could help with this one!

3) Wait until she's out and have the locks changed. You need to wait until the notice period is over to do this but it is legal with lodgers because they don't have the same rights as tenants. However, you cannot keep her belongings and you may make yourself vulnerable to accusations of having interfered with/stolen items. You also can't just leave them in the street - you would need to arrange a suitable time for her to collect them/you to deliver them. I'd try to have a friend present.

Personally, I would try to have somebody else around on the day she's supposed to leave just as a bit of moral support. It's probably going to be an awkward month but she's there to pay you rent, not to be a mate. If she threatens you or causes damage to your property, involve the police.

With lodgers, the prevention is always better than the cure. I use a written occupancy agreement to make sure that everything is set out in black and white. It protects both of you. I modified the one on this page: http://scotland.shelter.org.uk/get_advice/downloads_and_tools/documents_for_rented_properties
It's Scottish but does just as well for us.

Hope this has helped and sorry it's so long!! Best of luck with your nightmare lodger situation.

thesaint

Give her a notice now stating that she must leave at the end of June.
When she asks why she has received the notice, tell her that she is required to pay her rent in advance, and she hasn't done so.

If she pays up, then decide whether you want to retract the notice.

If indeed you want to get rid of her, yes you can simply not allow her access to the property.

getmore4less

informed they pay in advance so if they don't pay I expect them out end of that month

Notice was given at the start.

I would have them leave anyway if they can't commit to the first(after moving in) rent payment on time they will be trouble long term.