Evicting a lodger who won't pay rent

someanonbloke

Hi, I let rooms to lodgers; the legal term is 'excluded occupier'.

I've written the contract, which is for 3 months with all the details and terms of the contract, which we both signed, and he gave me the deposit.

He was supposed to pay his rent on the day he moved in for the following month. It's been several days now. I've asked him 3 times and he refuses to pay.

So, I now have no option but to get him to leave.

Obviously, I need to be certain I'm complying with the law here before I act.

If someone has advice on dealing with this in as diplomatic a manner as possible that'd be appreciated.

I think I'm within my rights to throw him immediately but that might be a bit confrontational.

getmore4less

what's in the contract re notice?

Kynthia

You need to abide by the terms you agreed, preferably in a written contract but if you don't have one then whatever terms were agreed verbally. If you have no agreed terms then you need to act reasonably. Did you get a deposit you can retain for unpaid rent as then you can give a few days or a weeks notice to give them a chance to find somewhere else?

Guest101

someanonbloke wrote: »

Hi, I let rooms to lodgers; the legal term is 'excluded occupier'. (oh thanks you! )

I've written the contract, which is for 3 months with all the details and terms of the contract, which we both signed, and he gave me the deposit. - Care to share the details?

He was supposed to pay his rent on the day he moved in for the following month. It's been several days now. I've asked him 3 times and he refuses to pay. - Why does he refuse?

So, I now have no option but to get him to leave. - Well you have plenty of options, but you want to evict him.

Obviously, I need to be certain I'm complying with the law here before I act. - So what does your contract say?

If someone has advice on dealing with this in as diplomatic a manner as possible that'd be appreciated. - give notice?

I think I'm within my rights to throw him immediately but that might be a bit confrontational.

Well you cannot physically touch him. So throwing out is not possible.


You can give notice, as per your contract. But I cant read it from here...

someanonbloke

Regarding notice, it's 1 month i.e. if at the end of month 2 of the 3 month contract, if either party wanted to end the contract, then 1 month's notice would have to be given.

This all assumes the rent has been paid though.

What I want to do is throw them out immediately and return their full deposit.

Guest101

someanonbloke wrote: »

Regarding notice, it's 1 month i.e. if at the end of month 2 of the 3 month contract, if either party wanted to end the contract, then 1 month's notice would have to be given. - homemade contract eh....

This all assumes the rent has been paid though.

What I want to do is throw them out immediately and return their full deposit.

Well you can try to do that


but you risk:


1: criminal record
2: getting sued in court

G_M

You've given him a 3 month fixed term contract? To an Excluded Occupier?

Are you bonkers?

Option 1 - wait till the end of month 2, give notice, and evict at the end of the fixed term.

Option 2 - wait till he goes out. Change the locks. Pack up his belongings and text him to arrange a time he can collect them (when you have 3 strong mates present).

Option 3 - sit down and find out why the rent is late. Negotiate a payment plan if that seems possible /appropriate, or agree o wait till his monthly salary goes in tomorow (or whatever)

PasturesNew

Is he English? Does he understand "deposit" and "rent in advance"?
Giving the deposit he might think he's given the first month's rent and you're now demanding more (next month's).

someanonbloke

Call me old fashioned but I'm not clear how Guest101's condescending tone is helpful.

clairesilverspar, I agree, I have to be certain I'm acting 'reasonably' and so 1 month's notice should cover me after which I'll change the locks.

Guest101

someanonbloke wrote: »

Call me old fashioned but I'm not clear how Guest101's condescending tone is helpful.

clairesilverspar, I agree, I have to be certain I'm acting 'reasonably' and so 1 month's notice should cover me after which I'll change the locks.

Perhaps you read too much into 'tone' on a written forum?

someanonbloke

You've given him a 3 month fixed term contract? To an Excluded Occupier?

Are you bonkers?

Good point, from now on I'll do 1 month rolling contracts.