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

kie120

Guest101 wrote: »

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.

yeh it was short term let, naively thought a human being couldn't be that bad in 5 months...Thanks though, that's good advice...

AdrianC

kie120 wrote: »

I could try the offer approach, but I feel like it her who has broken her contract.

Does the contract say anything about minimum notice periods being waived where specific requirements have been broken?

kie120

AdrianC wrote: »

Does the contract say anything about minimum notice periods being waived where specific requirements have been broken?

sadly not, it just says the Lodger will meet the obligations those being invalidating insurance, respecting people and leaving communal areas tidy

dobymicks

Throw her out on her !!!! NOW. That's what she deservers.
I would not under any circumstances have this continue a moment longer.

If she starts anything legal after she is gone then it's time to gather information from driving instructor etc to back up your claim that she became so abusive, threatening and aggressive you feared for your wives safety.
Do not tolerate this.

Or

At the very least explain that you are very unhappy about her behaviour and any further problems she will be evicted immediately without notice.

kie120

dobymicks wrote: »

Throw her out on her !!!! NOW. That's what she deservers.
I would not under any circumstances have this continue a moment longer.

If she starts anything legal after she is gone then it's time to gather information from driving instructor etc to back up your claim that she became so abusive, threatening and aggressive you feared for your wives safety.
Do not tolerate this.

Or

At the very least explain that you are very unhappy about her behaviour and any further problems she will be evicted immediately without notice.

haha, this is the answer I wanted to hear :T

Sadly she is vindictive and well off enough to pursue a court case...shame the law does take into account what a vile human being she is.

Guest101

dobymicks wrote: »

Throw her out on her !!!! NOW. That's what she deservers.
I would not under any circumstances have this continue a moment longer.

If she starts anything legal after she is gone then it's time to gather information from driving instructor etc to back up your claim that she became so abusive, threatening and aggressive you feared for your wives safety. - That information would be absolutely useless.
Do not tolerate this.

Or

At the very least explain that you are very unhappy about her behaviour and any further problems she will be evicted immediately without notice.

Being aggressive in one instance is not enough to show she breached any (possibly unenforceable) clauses in her agreement.

Marvel1

dobymicks wrote: »

Throw her out on her !!!! NOW. That's what she deservers.
I would not under any circumstances have this continue a moment longer.

If she starts anything legal after she is gone then it's time to gather information from driving instructor etc to back up your claim that she became so abusive, threatening and aggressive you feared for your wives safety.
Do not tolerate this.

I notice nothing said about the month rent paid in advance.

moneyistooshorttomention

The other side of letting her work out her notice though is she may get up to all sorts during that time - eg leaving your house insecure (and then you'd have the hassle of chasing her if anything got stolen because of her). She may try trashing the place. She may get up to loud/obnoxious behaviour generally.

Personally - I'd take my chances as to whether she'd try it on to have a go at me or no if I chucked her straight out - and have done in similar circumstances before.

It may be as well to cover yourself by offering her the chance to leave early (ie right now) and not get charged rent for the notice period. Even if you have to do a bit of "bribery and corruption" in the event by paying her a (very small!) bribe to get out right now.

Maybe she'd only be planning on having the notice period because she reckons she'd have to pay for it anyway - well letting her off paying for that time would deal with that issue and she wouldnt lose any money by leaving immediately.

Possibly making that offer of letting her off rest of rent for notice period would be as well in writing (copy kept)? - in order to have proof you are being reasonable just in case.

kie120

Guest101 wrote: »

Being aggressive in one instance is not enough to show she breached any (possibly unenforceable) clauses in her agreement.

I think from the advice here and elsewhere, that despite her unacceptable behaviour/leaving the house unlocked etc if I was to evict her before the 4 weeks then I am handing her legal, if not moral, ammunition. This being in part a issue of my naivety about agreements and just how plain horrible a person can be.

Ultimately, she's a lonely, ignorant person who defines her life and the value of others by what title you have for a job. Maybe its best to just keep the moral high ground, oh and her money...at least i asked for that in advance!

dobymicks

Guest101 wrote: »

Being aggressive in one instance is not enough to show she breached any (possibly unenforceable) clauses in her agreement.

As far as I am concerned she has crossed the line. All's fair in love and war. Need I say more?

cjdavies wrote: »

I notice nothing said about the month rent paid in advance.

WHAT! Your worried about this !!!!'s deposit!

In truth I did not mention it because it goes without saying. You give it her back, you just want rid.