Troublesome lodger

jamesd

itsgototstop, what's the plan if they refuse to leave? Only court bailiffs are allowed to use force and it's civil harassment to do things like changing the locks. Have a read of the landlordlaw paper on eviction.

The Protection From Eviction Act 1977 - the criminal law - doesn't apply but they still get their civil and contractual rights and the opportunity to go to court for compensation and an injunction ordering that they be let back into their (and the landlord's!) home.

I can think of more enjoyable things than an injunction forcing me to let someone I don't want there back into my own home just because of not following proper eviction procedures!

speedbird1973, just don't be unhappy if he changes the room lock or puts one on to stop you breaching his civil rights to peaceful enjoyment of the room. If you've been harassing him in that way he's also not going to be liable for the repair bill since it was only done to stop the harassment.

May be sad that you lose the right to full access to your own home when you take in a lodger but lodgers do get some rights.

jamesd

itsgototstop, if she smokes, write a letter reminding her of the tenancy conditions and that you'll reluctantly have to give her notice if it continues. Start the paper trail in case you need it later...

itsgototstop

jamesd wrote: »

itsgototstop, if she smokes, write a letter reminding her of the tenancy conditions and that you'll reluctantly have to give her notice if it continues. Start the paper trail in case you need it later...

Thanks I'm lucky with my lodger, shes very nice, treats it as home and doesn't take the !!!! (nor do i) so fingers crossed!

happyharry1

Thanks for the response. In the end I gave her until the end of the month plus the 1st weeeknd of Feb so she has 11 days including 2 weekends to look for somewhere. Of course she can always pop down the cash point and give me something towards the arrears to help work things out but it hasnt crossed her mind. All or nothing it seems.

Looks like I'm going to lose the months rent & contribution to the bills. Is there any point issuing a Small Claim while shes in the house? Her parents address she wrote on the license has turned out to be no relation, and she wont give me any other forwarding address I'm sure. I just hope she does go.

itsgototstop

happyharry1 wrote: »

Thanks for the response. In the end I gave her until the end of the month plus the 1st weeeknd of Feb so she has 11 days including 2 weekends to look for somewhere. Of course she can always pop down the cash point and give me something towards the arrears to help work things out but it hasnt crossed her mind. All or nothing it seems.

Looks like I'm going to lose the months rent & contribution to the bills. Is there any point issuing a Small Claim while shes in the house? Her parents address she wrote on the license has turned out to be no relation, and she wont give me any other forwarding address I'm sure. I just hope she does go.

I wouldn't bother, just advertise and get someone else in, with a months rent as deposit and a month in advance

itsgototstop

http://england.shelter.org.uk/advice/advice-3132.cfm

happyharry1

Thanks. That's really helpful information.

spirit

http://www.landlordzone.co.uk/lodgers_rent-a-room.htm

Happy Harry, i'm not advocating you do so but I bought the legal book re lodgers, i'll post the relevant bits from it when I get home (where the book is). From memory (only read it last week) you can reasonably give 1 week's notice to quit. Lodgers live there on a licence not a tenancy agreement so the same laws don't apply to them as to tenants. You don't have to evict them, just ensure you don't harrass them. Just put it in writing when you want her out, after that she/he is a trespasser and those laws apply.

My smoker left last saturday without any trouble so i'm sure yours will too.

good luck

happyharry1

Thanks. A little more advice would be gratefully received.

Well she left to stay with her boyfriend last night after a nose to nose confrontation with the other lodger who was unaware of the situation regarding arrears until she overheard me reminding her I'd given notice!

I left a message on her phone today telling her to clear out this weekend, since the other lodger said she was afraid of what she might do if she came back while the house was empty.

I got a email reply from her reminding me that handling her property is a criminal offence, and that she wants 24 hours notice before I can enter her room, but she's leaving on 3rd Feb.

We can't bear the thought of her showing up again since she's proved to have a really violent temper and a liar to boot.

Her lodgers licence expired in December, she's been given reasonable notice, she owes me a lot of money and I'm furious!

Just want the room back and get on with normal life again.

What to do?

jamesd

Be glad that she's leaving on the 3rd and accept that hassle is part of being a landlord. Don't give her an excuse to take legal action against you by entering her room. She has no real choice but to show up again, since it's both her home and a place from which she'll need to remove her belongings.

You should have made sure that the other lodger did not become aware of the situation from you. The tenancy of each of them is not the business of the other.