Lodger - Notice Period

G_M

Well Has she broken anything? After 3 years I'f expect a certain normal wear & tear.

I agree with others. Quicker you end this once and for all the better.

* forget notice periods.
* forget any rent other than for up to when she vacates

Do NOT change the locks until the end of the period for which she has paid rent.

If it reaches a point where her rent has run out but she has not vacated (ie some belongings still present) ten

* change the locks
* keep her belongings safe (pack them up?) and advise her to contact you to arrange collection
* tell her she'll then get her depositt back (unless there is genuine damage).

After 3 years, expect to have to clean up and maybe redecorate - not worth arguing over - you've done well in rent over 3 years.

Samsung_Note2

If you haven't decorated or changed curtains/carpets etc in three years then id say she is the hard done by party.

Let her leave and redecorate the room if needed...sounds like you have had a good deal with this lodger.

And your lucky..the lady has rights regards the room,as you have fitted locks she is no longer just a lodger,she has legal rights and if choose she could stay and then you have all sorts of problems getting rid of her.

Only found this out after i gave notice to what i assumed were lodgers,but as they had lock on bedroom door them become tenants and council told them to sit tight and wait until evicted by the courts,luckily for me they left without fuss after putting there gear outside front door.

[Deleted User]

You were very very fortunate not to be prosecuted for illegal eviction, which what you did was, given they were tenants.

Mojisola

Samsung_Note2 wrote: »

If you haven't decorated or changed curtains/carpets etc in three years then id say she is the hard done by party.

Seriously?

If curtains and carpets have worn out in three years, they must have been very poor quality to start with.

sevenhills

Samsung_Note2 wrote: »

And your lucky..the lady has rights regards the room,as you have fitted locks she is no longer just a lodger,she has legal rights and if choose she could stay and then you have all sorts of problems getting rid of her.
Only found this out after i gave notice to what i assumed were lodgers,but as they had lock on bedroom door them become tenants and council told them to sit tight and wait until evicted by the courts,luckily for me they left without fuss after putting there gear outside front door.

People who share accommodation with their landlord are generally known as excluded occupiers. This is a term used in housing which helps to identify your housing rights. Excluded occupiers have very limited rights.

dunroving

Mojisola wrote: »

Seriously?

If curtains and carpets have worn out in three years, they must have been very poor quality to start with.

I'd agree in general, though having completely recarpeted a rental in the past, only to find the new tenant had moved his leaky motorbike into the living room within weeks, there are exceptions. ;-)

Pixie5740

sevenhills wrote: »

People who share accommodation with their landlord are generally known as excluded occupiers. This is a term used in housing which helps to identify your housing rights. Excluded occupiers have very limited rights.

Generally speaking those who share accommodation with their landlord in England and Wales are excluded occupiers aka lodgers. However, when the person renting has exclusive occupation of all/part of the property and has the right to shut out everyone including the landlord then that person is a tenant. For example, someone who rents a room and has a lock on the bedroom door can shut the landlord out therefore having exclusive occupation of the bedroom.

http://www.landlordlawblog.co.uk/2011/06/14/the-six-most-important-elements-of-a-tenancy-or-lease/

However, maybe I've missed it but where does the OP say that there is a lock on the bedroom door?

Mojisola

dunroving wrote: »

I'd agree in general, though having completely recarpeted a rental in the past, only to find the new tenant had moved his leaky motorbike into the living room within weeks, there are exceptions. ;-)

But because the carpets were damaged, not worn out.

Hope you got at least some of the cost back from the tenant.

Trusting_72

It's amazing that people read what they want and not what's actually written!
There isn't a lock on her bedroom door.
I haven't evicted her.
I haven't locked her out.
I've served her notice because she refused to put it in writing.
The carpet was replaced in March of last year. Her bedroom was also decorated at the same time. There was a brand new bed and mattress put into the room for her and she chose the rest of the bedroom furniture which I of course paid for.
I have not entered her room - ever apart from when we moved furniture round together after the new carpet was put in last year.
It's a beautiful Georgian house with a garden and she's lived there for £390 per calendar month all inclusive for 3 years.
It's only the last couple of months I've been concerned about her in regards cleanliness and looking after the place.
My point was - why should I take the deposit as her rent owed when I may need it - she burns Josticks which I've asked her not to so there's a chance that there could be burn marks but I'll be stuck with the cost of replacing that!
Anyway only two days to go and she's someone else's problem!

[Deleted User]

I think the thread was confused by someone posting they were advised a lodger they had was a tenant because their bedroom door had a lock.

As your escapee was a lodger, you don't have to protect the deposit or go through any procedure to decide what part of the deposit should be returned. If she has said take the deposit to cover my notice, even if it doesn't cover the full notice period, then that's what you can do. If you do have to replace carpets (which you don't know at the moment), it sounds like that is just going to be a cost of renting. But hopefully you won't have to.

If she has left and has told you she has left, I would photograph the room and any goods she has left (the state of them to stop claims you broke something), clean, box up things she has left and let her know when she can collect them, give her a month.

If you aren't planning on letting out the room anymore, that kindof belies any losses by her not giving you notice.., the notice period is normally to allow a LL to find another tenant.