Evicting a lodger who won't pay rent

Mr.Generous

Guest101 wrote: »

Yes it really is.


Yes the police would care, it's common assault.

And if you said they assaulted you first etc? I very much doubt the police would be interested and even if they tried to pursue a charge the cps would throw it out. Having tried to involve he police in an issue last year I can honestly say they looked for every possible reason to do nothing.

Obviously if you caused any injury it could get awkward - Imagine if bail condition was to stay away from your home address for example ... I'd make sure I had a couple of law abiding witnesses present before anything happened. Witnesses to the conversation about not paying rent etc.

At the end of the day if it was in my own home I wouldn't stand for any messing, very few people would actually try and take legal action if they know they haven't paid and you have emails / texts etc confirming this.

PersianCatLady

Is it REALLY a criminal offence to physically evict someone in this instance? Even if it is in all circumstances what tyically could you expect to happen, for example if you simply pushed them out of the door? I mean would the police really care?
I hope that you are joking or just very confused!!!!

Guest101

Boler1985 wrote: »

Hmm, I've been pushed around in front of the police and they just gave a stern warning to the offending party. My point being that it's a matter of degree. I think in some situations it's better to ask for forgiveness rather than do everything by the book?

Did you report an assault and make a statement?....

Guest101

moneyistooshorttomention wrote: »

No the police don't care - at least about the person in the wrong (ie the lodger).

I called the police myself - and, as expected by me, they ensured my safety whilst the lodger left.

EDIT: Yep...and change the locks whilst the lodger is out.

The police notoriously bad with civil law to be fair.

But that aside I presume you didn't assault the lodger?

Guest101

Mr.Generous wrote: »

And if you said they assaulted you first etc? well then you would be perverting the course of justice I very much doubt the police would be interested and even if they tried to pursue a charge the cps would throw it out. that is a case by case basis. The lodger could also persue the LL privately.Having tried to involve he police in an issue last year I can honestly say they looked for every possible reason to do nothing.and having been arrested for assault I can say they take it seriously- even in my case when it was a false report

Obviously if you caused any injury it could get awkward - Imagine if bail condition was to stay away from your home address for example ... I'd make sure I had a couple of law abiding witnesses present before anything happened. Witnesses to the conversation about not paying rent etc.

At the end of the day if it was in my own home I wouldn't stand for any messing, very few people would actually try and take legal action if they know they haven't paid and you have emails / texts etc confirming this.

Civil law and criminal law. Two separate things.

Do you think a court would be ok with debt collection which involves violence?

Police forces are notoriously under funded and overstretched. Yes some may not take action, others might take it very seriously.

And some might just arrest the suspect at work in front of colleagues...

Guest101

moneyistooshorttomention wrote: »

Option 4 - (loosely based on Option 3) is what I actually did in similar circumstances some years back. Lodger was refusing to pay rent agreed and telling me lies about not having the money to do so (I found the proof of this fact actually). What I did was give them a VERY short notice period as to when they would pay by or the tenancy would end and they would leave immediately.

They chose to do neither. That was not an option on the table. When I saw they intended to continue lying to me and not paying the rent due - I packed up all their stuff and put it outside for them to collect. Tenancy over. The End.

This is your own home that we are talking about. I would be astonished if any Court (then or now) tried to force someone to keep a lying/unco-operative stranger living in their home against their will in such circumstances. You might not be a small, middle-class little woman (like I am) - ie expecting to be protected and believed in these circumstances. But - even if you're a hefty great bloke etc etc - I'd still follow that course of action.

Only just saw this. No a court wouldn't ( and couldn't ) order the lodger is allowed back in. But the lodger could sue for breach of contract - just like the LL could.

Kirstin2703

I've just evicted a lodger who was in breach of contract and owes 3 month's rent. Does anyone know how I can take legal action to recover the debt?

Guest101

Kirstin2703 wrote: »

I've just evicted a lodger who was in breach of contract and owes 3 month's rent. Does anyone know how I can take legal action to recover the debt?

Small claims court

Kirstin2703

Brilliant many thanks. Any idea how successful this can be?

Guest101

Kirstin2703 wrote: »

Brilliant many thanks. Any idea how successful this can be?

Getting a judgement should be straight forward - assuming you evicted correctly so there no counter claim.


getting payment......