Lodger problem

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    Lodger problem

    Hi i need some advice i took in a lodger who payed me 3 months rent in advance. We didn't do a contract but agreed to have a 3 month trial to see how we get on. Things have gone bad to worse. When he moved in he said he was signed off sick hence the 3 month try. It turned out he had severe mental health issues. 1 he burns candles and goes out to the pub. 2 he puts his dinner in oven and goes out leaving cooker unitended for several hours. 3 cooks stuff on hob goes upstairs in his room. I have my pregnant daughter here and my 5 yr old granddaughter. I have told him many times the danger of leaving his stuff on unitended but he gets aggressive. My granddaughter is now petrified off him. He assulted my bf last week because he asked the lodger to turn the music down at 4 am and said he pays for his room so he can do what he likes. I gave him 30 days to leave but its getting to the point where i want him to go now. He leaves doors unlocked windows open heating on during the night music still quite loud any advice plz

    #2
    Normally you would be able to evict a lodger with about 7 days notice, but it sounds to me that you have been played, by someone who knows the system and that they are are going to get evicted, given the 3 month arrangement.

    Although Shelter suggest that you need a written agreement for extended security, your lodger may be relying on the receipt for the rent as being that agreement, so I think you need to get advice from the CAB or a solicitor before going fro an early eviction.

    Assault is a criminal offence and can only be said to have happened if there has been a court conviction or formal police caution. Did you report it to the police?

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      #3
      From what you describe I would say you should be able to evict with minimal notice. I would give him a few days, agree to refund unused rent and change the locks when he goes out if necessary. The law does not expect you to live in fear of a lodger in your own home.

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        #4
        Ok thankyou. I will wait till my partner comes tomoro. Ive since had sleepless nights due to tv on till 1 am in the morning. Im to scared to knock on his door while im here on my own
        ​​​​

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          #5
          Hi just an update lodger still here as agreed to leave next week and deposit will be returned providing room is left the way he found it. The problem still is that i asked him if he found anywhere he said no and this morning he came down and told me he wants it in writing even thow there is no contract so basically he wants to stay another month. I was told he was an excluded occupier he has no rights no contract was made therefore i can change locks.my daughter is due to have her baby in 2 weeks so need the room ASAP. As for the assault my bf has let it go this time. If he does it again then police will be called

          Comment


            #6
            Excluded occupiers still have contracts if they give any consideration (e.g. pay rent). Ideally that contract should have been in writing.

            I'm not clear what is wanted in writing. You should certainly given the notice to leave in writing. Any written permission to stay would be a written contract.

            As I said initially, I think your lodger knows more of the law than you do. Some people here would call him a "professional tenant". which is not the same as a professional who is also a tenant. I think you need to get proper legal advice, or he will run rings round you.

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              #7
              Stick to your guns. I dont believe you need to give him another month.

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                #8
                You can change the locks tomorrow and remove his belongings from the property and there is no action he can take providing his goods are not damaged. The Protection from Eviction Act does not apply.

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                  #9
                  Ok thankyou. His last day is today didnt get much sleep as he had candles burning in his room on the windowsill with window wide open and curtains drawn i knocked oh his door many times which he ignored. This morning i asked him not to burn candles his reply was the candles wull burn out eventually Im gonna have to give him all his deposite regardless if any damage is done just to get him out of my home. Failing that when he goes out later im changing my locks but ill give him till 7pm when my partner comes

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                    #10
                    He sounds volatile so my advice would be to change the locks when he is out and pack his stuff up. Leave it in an accessible place like the garage, or a porch. Don't open the door to him just say through the door he doesn't live there any more and call the police if he kicks off. By the way the police don't know the law so be prepared to disclose the assault and his threatening behaviour. Quote that he is an excluded occupier and the p o e act 1977 does not apply. Let us know how you get on. I did this some years ago with a lodger who told me to F O when I asked for the rent. It was a great relief to get rid of him.

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                      #11
                      His 3 month trial has ran out today and ive put his deposit in a envelope will hand it to him when he comes down from his room.

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                        #12
                        Don't pay him his deposit until he has returned all your keys and vacated your property. Ideally inspect his room before he leaves.

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                          #13
                          Yes good advice from Mariner.

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                            #14
                            Bit more update he came i asked him if room was ready as i have your deposit his reply was im trying to nagociate (cant spell) with the person whos got a room available i said its not my problem he went off. He came down started fiddling wuth my internet as it was down and said im not paying u rent if i cant use wifi. Even thow his rent ran out 2 days ago as he was going to move out. I've still got his deposite which im keeping till i see room and also taking 2 days out off the deposite as hes using large amounts electric dnt know how think it cud be my tumble dryer

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                              #15
                              My lodger finally left .I took 4 days rent out of his deposit which he agreed from now on im going to do a contract and vet them so if anything happens i cant evict them under the terms and conditions on tbe contract thankyou all for your advice

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