Evicting a Lodger?

mckinnna

I am posting on behalf of a friend. He has taken in a lodger a year or so ago. He gave no agreement of any kind. He took £100 as a deposit. She has lots of belongings some of which are stored in his garage. She has kind of taken over his house. She is now bringing back men to the house and saying that she has every right to do so. My friend gave her 28 days notice which ended some days ago, but she said she was unable to find anywhere else live so refused to leave. He has told her that she can stay a few weeks longer for which she has paid her rent for and then she has to leave. She has just texted him and accused him of various behaviours such as being rude and threatening to her, which he certainly hasn't been, it's actually been the other way round!! Should he give her a further written notice saying she must leave when the two week period is up. If she refuses to leave again in a few weeks when the time comes, what should my friend do to get rid of her? Should he involve a solicitor?

FreeBear

mckinnna wrote: »

I am posting on behalf of a friend. He has taken in a lodger a year or so ago. He gave no agreement of any kind. He took £100 as a deposit. She has lots of belongings some of which are stored in his garage. She has kind of taken over his house. She is now bringing back men to the house and saying that she has every right to do so. My friend gave her 28 days notice which ended some days ago, but she said she was unable to find anywhere else live so refused to leave. He has told her that she can stay a few weeks longer for which she has paid her rent for and then she has to leave. She has just texted him and accused him of various behaviours such as being rude and threatening to her, which he certainly hasn't been, it's actually been the other way round!! Should he give her a further written notice saying she must leave when the two week period is up. If she refuses to leave again in a few weeks when the time comes, what should my friend do to get rid of her? Should he involve a solicitor?

No need to involve a solicitor. She has been given reasonable notice plus a two week extension. Simply change the locks when she is out. Also print out some documentation about "excluded occupiers" to show the police when/if she goes running to them claiming "illegal eviction".

IF he decides to get another lodger, for heavens sake, get a proper contract signed stating house rules and notice period.

Comms69

mckinnna wrote: »

I am posting on behalf of a friend. He has taken in a lodger a year or so ago. He gave no agreement of any kind. He took £100 as a deposit. She has lots of belongings some of which are stored in his garage. She has kind of taken over his house. She is now bringing back men to the house and saying that she has every right to do so. My friend gave her 28 days notice which ended some days ago, but she said she was unable to find anywhere else live so refused to leave. He has told her that she can stay a few weeks longer for which she has paid her rent for and then she has to leave. She has just texted him and accused him of various behaviours such as being rude and threatening to her, which he certainly hasn't been, it's actually been the other way round!! Should he give her a further written notice saying she must leave when the two week period is up. If she refuses to leave again in a few weeks when the time comes, what should my friend do to get rid of her? Should he involve a solicitor?

It's irrelevant. He can be rude and whatever else. It's HIS home. Change the locks.


Not in two weeks. Today.


End of.

-taff

Put the rent she's paid for the next few weeks in an envelope, change the locks, when she comes back, give her the envelope and tell her she can arrange a day to pick up her stuff.
She's the lodger, not the owner, and she's walking all over your 'friend'.

G_M

Another vote for change the locks while she's out. If worried, have a friend/relative present at the time you expect her back. By all means explain through the window but do not let her in.


"You are a lodger - 'Excluded Occupier' under the Housing Act 1988- not a tenant."
" You have had ample notice"
" My phone number is xxxxxx, Please phone me tomorrow to arrange collecion of your possessions, which I shall pack up ready".
" If you do not arrange collection within 2 weeks, I shall dispose of your possessions."

As Freebear suggests, print off part of the Housig Act S31 (SEE HERE), or Shelter advice (SEE HERE). If she runs to the police or anyone else claiming 'illegal eviction', you need to be ready to explain the difference btween a tenant (with legal rights), and an 'Excluded Occupier' (few legalrights). The police tend not to understand the difference....




How to change locks:


https://www.youtube.com/watch?v=VXAo7zSN-9o


https://www.youtube.com/watch?v=7VHm_QhWlMQ

Mojisola

Record any meeting between them so that she can't accuse him of assaulting her.

m0bov

Change the locks and call the police if she turns up again.

Fire_Fox

It is helpful if someone needing advice posts themselves. Your emotions and perception and your friends emotions and perception are all muddled up.

Your friend needed to be clear and direct, serve notice and stick to it. He was wrong to take more rent and then refuse to let her back in. He needed to have been clear about ground rules from the outset.

It is unreasonable not to allow occasional guests, providing they are polite and considerate. Lodgers generally have sole use of their room, and some access or equal access to the living/ bathing/ cooking areas. They are not just renting a single bed. The gender identity of occasional guests is irrelevant. Ditto colour of skin/ sexuality/ religion ....

Appreciate the lodger may well have taken liberties. The false allegations make things very unpleasant. Hopefully your friend is not engaging in an immature text war.

Agree your friend needs a female friend/ neighbour/ colleague or three 'on call' so she can collect her property at short notice without further false allegations. And to witness (all sign a dated receipt) return of rent and deposit.

If necessary call the local police NON-EMERGENCY number. Expect a long time on hold. This is a civil matter, the police will only attend if there is a breach of the peace. BUT they may well give informal advice over the telephone. Put them on speakerphone. This may be enough for this lodger to realise this it is game over.

Comms69

Fire_Fox wrote: »

It is helpful if someone needing advice posts themselves. Your emotions and perception and your friends emotions and perception are all muddled up.

Your friend needed to be clear and direct, serve notice and stick to it. He was wrong to take more rent and then refuse to let her back in. He needed to have been clear about ground rules from the outset.

It is unreasonable not to allow occasional guests, providing they are polite and considerate. - morally maybe, legally it's fine. the LL can set any restrictions they like Lodgers generally have sole use of their room, and some access or equal access to the living/ bathing/ cooking areas. - again, morally maybe. Legally the access is as the landlord says They are not just renting a single bed. - yes they are. The gender identity of occasional guests is irrelevant. Ditto colour of skin/ sexuality/ religion .... - and again. It's up to the landlord.

Appreciate the lodger may well have taken liberties. The false allegations make things very unpleasant. Hopefully your friend is not engaging in an immature text war.

Agree your friend needs a female friend/ neighbour/ colleague or three 'on call' so she can collect her property at short notice without further false allegations. And to witness (all sign a dated receipt) return of rent and deposit. - so the 'gender identity' of the friends is relevant now?

If necessary call the local police NON-EMERGENCY number. Expect a long time on hold. This is a civil matter, the police will only attend if there is a breach of the peace. BUT they may well give informal advice over the telephone. Put them on speakerphone. This may be enough for this lodger to realise this it is game over.

Except it's totally unnecessary. Legally - locks changed. job done.

markin

'gender identity' of the friends is relevant now?


Yes, the next allegation could be he tried to sexually harass/ assault me, police are more believing of a female witness, rather than drag him off to jail.


Set up a camera or at least have a phone audio record.

babyblade41

I think your friend has been a bit of a walkover , which is now coming back to bite them . They should have gone after the 28 day notice had expired and so this will continue until the above advice is taken with immediate effect .

You have to question the mentality of anyone who are asked to leave a property but continue to reside there. If it were me I'd be off like a shot... they are taking the proverbial and as it's a long bank holiday weekend so prime time to leave