Help! Evicting a nightmare lodger!

[Deleted User]

moneysavinghero said:

Worst outcome: Lodger (tenant) with mental issues burns the place down
Best outcome: Lodger (tenant) decides to leave of their own accord today.
Most realistic: This depends on your actions

Yes this is much more likely than any talk of a solicitor getting involved.

The only issue will be if lodger just doesn't have the money for a new place, or friends to stay with. In which case refunding the deposit promptly (perhaps even paying it directly to the new landlord) might smooth her departure.

[Deleted User]

Worst cases scenario. Having to refund all rent backdated for all tenants when it was an unregistered HMO. Imprisonment for illegal eviction. Protracted section 8 battle in courts for say 18 months if S21 criteria is not met with tenant legally supported by shelter and citing MH.
Accusations of harassment against landlord.
Near best case - once notice is served, being able to change front door lock if lodger wont leave.

theoretica

May not be entirely up to date, but how one council handles things may be interesting reading:

https://www.camden.gov.uk/documents/20142/0/Advice+for+tenants+living+in+an+unlicensed+HMO.pdf/7fbf3925-6e2b-474a-bace-310135c1a832

Hasbeen

Just glanced through thread, so sorry for my assumptions.

But it Looks like Err?  "slum landlord"  who has a property that is basically a HMO? 

Still has council tax in his name as sole occupier? Discounts etc

Who has now encountered a problem with an eastern european ? Perhaps starting with the R designation? Sorry ! LOL

Sorry if that is the case? then no advice.

Good luck with the eviction of " Tenant"

Type_45

UPDATE INCOMING

***** STAY TUNED *****

NameUnavailable

Wow what a can of worms has been opened here! The nightmare tenant may have done the landlord a huge favour by bringing all of this information to their attention, with possibly the opportunity to put it all right before it gets even more serious!

I would offer to refund all the rent/deposit paid to date, plus a bit on top for the tenant to leave quietly, and now, no questions asked. Then he has to deal with his other lodgers/tenants to determine exactly what their legal status is and what his obligations should be and take the appropriate actions before one of the lodgers/tenants reports him.

Type_45

NameUnavailable said:

Wow what a can of worms has been opened here! The nightmare tenant may have done the landlord a huge favour by bringing all of this information to their attention, with possibly the opportunity to put it all right before it gets even more serious!

I would offer to refund all the rent/deposit paid to date, plus a bit on top for the tenant to leave quietly, and now, no questions asked. Then he has to deal with his other lodgers/tenants to determine exactly what their legal status is and what his obligations should be and take the appropriate actions before one of the lodgers/tenants reports him.

Reports him for what?

sgun

Type_45 said:

sgun said:

Another thing to throw into the mix here is insurance. It is unlikely that the insurance company would accept staying over once a week would be enough for it to be a main residence and as such it should be insured under a landlord policy. This may already have been done but if not it is definitely something to look at as I can guarantee an insurance company would investigate any claims involving a house with lodgers or tenants.

The insurance company know there are 4 lodgers. They were told this even when there used to be 2 or 3 lodgers just to be on the safe side. 


Regarding the landlord not spending enough time at the property, that question isn't asked on the application. And who knows what people's movements will be during the year. There is also the issue of the landlord having been a Covid bubble with his partner for the past year.

I appreciated that there could be an argument by the lodger and her solicitor around the amount of time the landlord spends at the house. But she's only been living there 3 weeks. But I guess her solicitor could simply make a point of that anyway.

The lodgers aren't the problem. It's the fact that the landlord isn't living at the property that is the problem. I used to have a property that I stayed in once a week and I couldn't insure it under a normal policy. 

moneysavinghero

Unlicensed HMO.

deannagone

Lets see what actually happens.  Then advise.  There is a lot of speculation and unfounded 'what ifs' on the thread.  As long as the property doesn't have 10 people in each room, I very much doubt the council will do much.  I have been waiting for two weeks just for a reply from my council tax department email lol.  I don't think councils have the manpower to take a small scale landlord to court for a case like this.  Personally, I would agree that the LL staying overnight once a week doesn't make the property their main residence, but again, is there a huge likelihood anything will be done about it.

The LL just needs to give notice that the tenant should move out at the end of the three months, meanwhile not allowing the tenant to disrupt lives of other tenants but be civil.  I bet there was a two way argument going on the night the police were called.  They could suggest to the tenant that perhaps this property isn't a 'good fit' for them, and offer deposit back to help them find somewhere else but basically its a wait and see situation right now.

I'd spend the next two months keeping everything crossed the tenant doesn't start fighting on the basis they have an AST rather than a lodger agreement,and keeping my head down.