Help! Evicting a nightmare lodger!

HampshireH

Type_45 said:

HampshireH said:

Surely this landlord has already made his home safe & compliant for those he has paying rent. The word careful really does seem over stretched in this thread if not.

https://www.firesafe.org.uk/houses-in-multiple-occupation/

This is an easy to read but quite detailed blog https://www.propertyinvestmentproject.co.uk/blog/hmo-landlord-legal-requirements-regulations/#hmo-fire

Thank you for the links  👍

I just googled. But you're welcome.

deannagone

Top opening windows might have catches to allow the windows to be fully swung out to allow for cleaning and escape in case of fire, assuming they are pvc.  Tenants should be made aware of this if they do exist.  In my experience, most pvc windows do have this arrangement.  They also need to be maintained.

Sotts

wannabe_a_saver said:

You are very invested in your friend's poorly thought through business venture! 

Reminds me of those "asking for a friend" messages.   He's clearly the landlord

[Deleted User]

Type_45 said:

[Deleted User] said:

Type_45 said:

Couple of questions:

- has anyone had to apply for Planning Permission and have any info/advice as to the process? 

- other than working smoke and carbon monoxide alarms, what fire equipment is needed in a 3 storey HMO with 4 residents (landlord and 3 lodgers)? 

Bingo. You should have a professional conduct a fire risk assessment. It is an HMO just not a licensable HMO. 

See the lacors guidance.
Probably an interlinked smoke alarm system, fire blanket in kitchen, possibly emergency lights, door closers on most rooms, doors which are fire resisting.

A professional fire risk assessment is a great idea. It's a modern house with working fire alarms on all floors, CM alarm on ground floor, extinguisher and fire blanket in kitchen. But I'm sure it can be improved.
Houses in the area have top opening windows on all floors. Even the top floor of 3 storey townhouses. It's a terrible window choice. A fully openable window with a rope ladder would be my preferred way of getting out if I lived in such a house. 

A benefit of a risk assessment (hope for a quote of around 250 but some can be 500), is that you will avoid making unnecessary modifications. I do not believe that getting a qualified person in is mandatory however it is very unlikely that you will personally be able to satisfy the requirement of having sufficient knowledge to do it. There will be no requirement to modify the top floor windows in all likelihood. Are the lodgers trained in the use of fire extinguishers. Should they immediately exit the building if there is a fire or should they attempt to put it out. Is a log of alarm tests taken every month. That's just from the issues you raise. There is all sorts to consider.

macman

Type_45 said:

macman said:

Type_45 said:

macman said:

Type_45 said:

deannagone said:

I strongly feel that in dealing with the tenant, don't make the situation worse than it is.  She is co-operating right now, and obviously is vulnerable even if behaviour can be difficult to manage at times.  Rather than treating her as some sort of 'horror tenant' just operate in the view that this arrangement wasn't a good fit for either the LL nor the tenant.   As I am sure is realised, there were things on both sides that led to this.

Absolutely. It's the landlord's fault for not vetting the tenant. He made a mistake. He was too eager to fill the room and get rent money. He is normally very careful and has had fantastic lodgers. This was his error. Lesson learned.

I'm struggling to equate 'very careful' with someone who issues his vague lodger/tenancy agreements by text message? It's hardly a professional way to manage a property.

I agree. The landlord thought text was just as good as a signed agreement as that's what he had heard. He's since spoken to a solicitor who says that a signature is required. The landlord does have a written lodger agreement, and the solicitor is also going to look at it. 

And how did he think that an unsigned contract would be binding on the recipient? You might get away with it for a lodger, but as a tenancy agreement it would never be enforceable. 
Best not to run a property business based on what someone said down the pub...

This is actually a common thought: that a text message is a binding agreement as it states intent. I'm pretty sure I've seen Judge Judy (might have been Judge Rinder) say this on TV too.

But as you, and the landlord's solicitor, have now said - signatures are required.

Oh well, it must be true then. Even though Judge Judy is a US-based reality TV personality, with no jurisdiction in English law, and Judge Rinder is not a judge, but a barrister. This is light entertainment, not law.
A text message can certainly be the basis of a contract, but only if the recipient were to text back confirming their agreement to it. 

Type_45

deannagone said:

Top opening windows might have catches to allow the windows to be fully swung out to allow for cleaning and escape in case of fire, assuming they are pvc.  Tenants should be made aware of this if they do exist.  In my experience, most pvc windows do have this arrangement.  They also need to be maintained.

The houses in this locale have top opening PVC windows only. They are all like it. All built within the last 20 years.

I have suggested modifying the 2nd floor bathroom window (top storey of the 3 storey townhouse) so that it fully opens, and perhaps having a rope fire ladder.
Alternatively, the occupants of the house would have to get themselves down the stairs.
As I say, the whole estate has the same windows. 

Wanderingpomm

Type_45 said:

SpiderLegs said:

Is this property registered as an HMO?

No, and it doesn't need to be. It's been checked.

HMO licenses are only applicable of there are other HMOs within a certain radius of the property in question. 

This mainly occurs in student areas.

But elsewhere, if your HMO isn't near many other HMOs, then no licence is needed.

I’m pretty sure you are wrong on that, however it matters not because the LL lives there which means it’s not a HMO

Hasbeen

Wanderingpomm said:

Type_45 said:

SpiderLegs said:

Is this property registered as an HMO?

No, and it doesn't need to be. It's been checked.

HMO licenses are only applicable of there are other HMOs within a certain radius of the property in question. 

This mainly occurs in student areas.

But elsewhere, if your HMO isn't near many other HMOs, then no licence is needed.

I’m pretty sure you are wrong on that, however it matters not because the LL lives there which means it’s not a HMO

Really? He actually lives there? The OP is not the landlord? And we are into 14 pages of giving the OP advice on what a Landlord should be doing? 

Anyway link about HMOs : Everything Landlords Need to Know about HMO Licences - Landlord Insider (landlordvision.co.uk)

MaryNB

Wanderingpomm said:

Type_45 said:

SpiderLegs said:

Is this property registered as an HMO?

No, and it doesn't need to be. It's been checked.

HMO licenses are only applicable of there are other HMOs within a certain radius of the property in question. 

This mainly occurs in student areas.

But elsewhere, if your HMO isn't near many other HMOs, then no licence is needed.

I’m pretty sure you are wrong on that, however it matters not because the LL lives there which means it’s not a HMO

HMO definition applies to live in landlords as well. 
Rent a Room in Your Home

Scotbot

juliedee4663 said:

wannabe_a_saver said:

You are very invested in your friend's poorly thought through business venture! 

I'm beginning to wonder if they are indeed two different people!

I am not wondering, Type_45 is the landlord