Help! Evicting a nightmare lodger!

getmore4less

Hope no one else in that house thinks they can bubble  the one allowed has been used.

Hope the person they bubble with is a single person household because they are not in that category

Type_45

getmore4less said:

Hope no one else in that house thinks they can bubble  the one allowed has been used.

Hope the person they bubble with is a single person household because they are not in that category

That's really not the point of this thread. But as it happens, it is totally above board and fits both criteria you have mentioned.

NameUnavailable

Type_45 said:

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)?

It depends on exactly what was agreed / written down, but on the fact of it if it's 3 months with the 'option to extend' then I'd be giving them notice to quit at now, with them to leave at the end of the 3 month term.

Type_45

NameUnavailable said:

Type_45 said:

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)?

It depends on exactly what was agreed / written down, but on the fact of it if it's 3 months with the 'option to extend' then I'd be giving them notice to quit at now, with them to leave at the end of the 3 month term.

The actual agreement itself is on the bottom of the OP.  It's not lengthy and easy to read. It does also mention a "one month notice period", which may or may not be relevant to the 3 month agreement?

SpiderLegs

Is this property registered as an HMO?

Type_45

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.

SpiderLegs

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.

That’s really bizarre, I’d love to know which council has those rules.
I only ask about HMO to determine if the lodger could use that as leverage. If not then in the face of it, notice can be given immediately, to require the offending party to leave at the three month date. 

Type_45

SpiderLegs 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.

That’s really bizarre, I’d love to know which council has those rules.
I only ask about HMO to determine if the lodger could use that as leverage. If not then in the face of it, notice can be given immediately, to require the offending party to leave at the three month date. 

I can't give the name of the council as I want all identifying details to be left out.

But a call was made to the council asking whether a HMO licence was needed and the answer was what I mentioned above.

That call was about 2 years ago, so it may be worth checking again.

But that is what my family member was told. 

[Deleted User]

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.

Suggest this is checked again as there can be very serious financial consequences for operating unregistered HMO. 

Type_45

There seems to be a consensus here that the 3 month stay must be adhered to. And if that's the case then fine.

But what about the breakdown of the relationship (including the police being called)?
What about the mention of the "one month notice period" which is also in the agreement?