Help! Evicting a nightmare lodger!

Type_45

Hi all,
A family member of mine owns and lives in a 5 bedroom house. They only stay there once a week as they are in a bubble with a partner elsewhere. But they return everyday to manage the property/empty bins etc.

There are currently 4 lodgers. And one of them was not vetted and has turned into a nightmare.

The lodger is a young (approx 30) East European lady. She's been in the house for 3 weeks. 

On her first night she was reported to the landlord for smoking drugs in her room (it's a non smoking house, and that was verbally made clear to her before she moved in). The landlord confronted her by text and this has not happened since.

She's very loud, but otherwise wasn't a bother until the landlord thought he heard a security chain on the inside of the Lodger's room. The landlord requested a "room inspection". The lodger flew off the handle at the request and was very rude and aggressive and the police were called.  (The chain on the door was seen by the landlord, and no permission was given to install it).

The police arrived and took the side of the lodger. They revealed they knew of the lady and she has "mental illness".
The landlord suggested to the police that he wanted the lodger gone within a week.  The policeman said this was unreasonable.

The policeman then (apparently, but we're not sure) advised the lodger to only move when she found somewhere.

The landlord then gave the lodger 1 month notice. Which the lodger has rejected.

The lodger is tomorrow apparently speaking to a solicitor about her rights in the house and also regarding the landlord's "rudeness and aggression". 

To be fair, the agreement between them below does state a "3 month minimum stay".

So what is the situation here regarding evicting this lodger???


Here is the agreement between them sent by text message:

"This is just a quick message to confirm your Lodger Agreement:

- You'll be taking the double room which is £400 per month, with a £400 deposit.

- Your lodging starts today (3 March 2021) and you were given the front door key today. The key to the bedroom door is in the bedroom door.

- Of the £800 to pay upfront (£400 deposit and £400 for the first month's rent) you have paid me £600 by bank transfer today. And you will pay the remaining £200 this week.

- Your rent day going forward will be to pay £400 on the 3rd day of each month.

- Notice period (by either of us) is one month.

- Minimum stay is 3 months, as we've agreed, with the option of extending if we are both happy.

Please feel free to contact me if you have any questions"

Wanderingpomm

She has no real rights through as you live there aswell. But as you’ve agreed they can stay months and they don’t appear to have broken and agreements then they should be able to stay until 3rd June. Make sure you are living there as she has more rights if you aren’t. Make sure you give notice on the 3rd May 

Flugelhorn

Are they a lodger or a tenant?

Type_45

Wanderingpomm said:

She has no real rights through as you live there aswell. But as you’ve agreed they can stay months and they don’t appear to have broken and agreements then they should be able to stay until 3rd June. Make sure you are living there as she has more rights if you aren’t. Make sure you give notice on the 3rd May 

Does the landlord have to stay there all the time?

He is there every single day, has a bedroom there, and sleeps there once or twice a week.

Is that enough? 

Type_45

Flugelhorn said:

Are they a lodger or a tenant?

They are a lodger and the lodger agreement is at the foot of the OP.

It states that there is a 3 month minimum stay. But it also states a "one month notice period".

NameUnavailable

Type_45 said:

Flugelhorn said:

Are they a lodger or a tenant?

They are a lodger and the lodger agreement is at the foot of the OP.

It states that there is a 3 month minimum stay. But it also states a "one month notice period".

So 3 months minimum and then one month's notice to terminate, otherwise what's the point of the minimum term?

Type_45

NameUnavailable said:

Type_45 said:

Flugelhorn said:

Are they a lodger or a tenant?

They are a lodger and the lodger agreement is at the foot of the OP.

It states that there is a 3 month minimum stay. But it also states a "one month notice period".

So 3 months minimum and then one month's notice to terminate, otherwise what's the point of the minimum term?

The landlord isn't an expert at this and was just putting into writing the "3 month" wishes they both had at the outset.

The question is: can the agreement be ended within one month prior to the three months?

Or does the one month notice have to be given by the landlord after two months have elapsed (regardless of the breakdown of the relationship)? 

Or, even, does the tenant have the right to stay for 4 months? (Ie, 3 months minimum and then one month notice)?

ele_91

I did t think it could be a lodger agreement with locks on the bedroom door. They need to be careful they are not implying a tenancy.

Type_45

ele_91 said:

I did t think it could be a lodger agreement with locks on the bedroom door. They need to be careful they are not implying a tenancy.

The following text is from the government website, and mentions locks on Lodger's doors. So I guess it's fine if lodgers have door locks?: 

"How to end an excluded tenancy or licence

If your lodger is an excluded occupier, you only need to give them ‘reasonable notice’ to quit.

Usually this means the length of the rental payment period – so if your lodger pays rent weekly, you need to give 1 week’s notice. The notice does not have to be in writing.

You can then change the locks on your lodger’s rooms, even if they’ve left their belongings there. You must give their belongings back to them."

[Deleted User]

The landlord is on the electoral roll and pays council tax and all bills for this property?   

He doesn't really live at his partners, that's just a lockdown thing?

Allowing the lodger to have a key on their door was definitely a mistake. 

Type_45

Poster_586329 said:

The landlord is on the electoral roll and pays council tax and all bills for this property?   

He doesn't really live at his partners, that's just a lockdown thing?

Allowing the lodger to have a key on their door was definitely a mistake. 

Yes, the landlord pays all of the bills. The lodgers pay a fixed sum each month all inclusive of bills.

The landlord lives at his partners place 5/6 nights a week, and has done for a the year's duration of the lockdown. Sleeps at the property once a week, and visits everyday to manage the property.


Why was it a mistake to have a key on a Lodger's door? The government website refers to the landlords ability to change this lock once the notice period has ended.