Lodger Problems - notice provided but would like to evict sooner than 4 weeks

kie120

Hi everyone,

Long time lurker on these forums - looking for advice/moral support/a place to sound off...:mad:

We recently took a lodger in, we thought it would be a nice experience, get to know someone, share our home which we've just bought. We've shared before and its always been a pleasant experience.

Sadly we rented a room to a narcissist who interprets the politest of requests as personal attacks on her character. We were perhaps too soft; the property has been left unlocked, communal areas are left messy and when approached she is super defensive. This has boiled over into personal insults, demeaning my partner in particular because she is 'just a teaching assistant'...since serving the notice she has been speaking about us in ear shot on the phone, deliberately making life difficult. We served her notice yesterday, she seemed to have accepted it and agreed to keep things civil.

However, within 15 minutes she had emailed me, telling me SHE was serving her notice! I have never felt so uncomfortable and in my own home, I sense this isn't the first time she's been like this and indeed having seen the way she blames everything on other people - her driving instructor was a sexist and a terrible instructor after he refused to put her in for her test early, she slandered his business on Facebook (she subsequently crashed her new instructors car the day before her test and failed her actual test by driving down the wrong side of the road!), she didn't get to the second round of an interview because the university was racist - the list goes on and it leads me to believe she is either the unluckiest person in the world or the most deluded.

RANT OVER.

My basic question is can we evict sooner, her lodgers agreement is basic - she has a room, she pays a month in advance, she rents a room but has a shared bathroom. Some basic rules; she must respect communal spaces, our property and not be rude. Simple, decent human being stuff really.

Her spitefulness is of concern to me, I don't want to leave the house for long periods or frankly leave my girlfriend alone in the same house. I'd like to just change the locks and put her stuff into bin bags.

Has anyone experienced this before? Do I have any legal rights?

Thanks!

Pixie5740

Does this basic lodger agreement say anything about notice periods?

kie120

Yes it says 'Termination of the agreement by either Landlord or Lodger will be in writing, and either party will be required to give 4 weeks’ notice.'

But surely that is if they haven't breached the agreement? It also has these clauses -

not to commit or allow invited visitors to commit any form of harassment which may interfere with the peace and comfort of, or cause offence to, any other neighbour, member of their household, visitor, the Landlord or employee or contractor working on their behalf

to share responsibility with the landlord for ensuring that communal areas are kept in a clean and fit condition and are not obstructed in any way or used to store any items, even temporarily

Pixie5740

Unless you are in Scotland it was daft to draft an agreement with a 4 week notice period. As you are finding out sharing your home with someone you don't want there is a miserable experience and one you want to end as soon as possible.

It sounds like your lodger no longer wishes to live there and you don't want her there so negotiate an earlier leaving date with her.

You could try evicting her earlier against her will but she might come after you for breach of contract. She does sound like a pretty vindictive person.

jbainbridge

Talk to her - offer to overlook the notice period and refund any over payment.

As Pixie says ... next time don't write 4 weeks in a contract. Maybe just a week or 'reasonable notice'.

pinkshoes

Why not just talk to her, say that you are sure she will agree that it is not working out, and if she wants to shorten her one month notice period you will understand.

kie120

Yes sadly not in Scotland, and in hindsight I wish we hadn't set the 4 weeks- it was just a basic template from CAB or something, its seemed the fair thing to do and I've honestly never met anyone quite like her.

I think i'll get a solicitor to look at it, I was under the impression that these things weren't iron clad but I guess like you say it constitutes a contract of sorts

[Deleted User]

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_excluded_occupiers

Seems to say that if a rental agreement gives a period of notice, that's what has to be given.

You could try going to CAB or phoning shelter to clarify this in your particular situation.

kie120

I could try the offer approach, but I feel like it her who has broken her contract. That said she is an intolerable bully and it might be less than having a solicitor involved

Guest101

kie120 wrote: »

Yes it says 'Termination of the agreement by either Landlord or Lodger will be in writing, and either party will be required to give 4 weeks’ notice.'

But surely that is if they haven't breached the agreement? It also has these clauses -

not to commit or allow invited visitors to commit any form of harassment which may interfere with the peace and comfort of, or cause offence to, any other neighbour, member of their household, visitor, the Landlord or employee or contractor working on their behalf

to share responsibility with the landlord for ensuring that communal areas are kept in a clean and fit condition and are not obstructed in any way or used to store any items, even temporarily

So you've botched it together from an AST?


Anyway that aside - you can chuck her out whenever you want. There's no legal protection for her.


However, she sounds like she'd take it to court and if she did, you would most likely lose and be liable for any rent overpaid and any additional loss as a result of your breach of contract.


Please don't get hung up on any anti social behaviour clauses you've put in to the agreement.

kie120

deannatrois wrote: »

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_excluded_occupiers

Seems to say that if a rental agreement gives a period of notice, that's what has to be given.

You could try going to CAB or phoning shelter to clarify this in your particular situation.

well there goes the bin bag and locks idea...