Lodger not leaving

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    Lodger not leaving

    Hi

    I'm posting on behalf of a friend.

    She is elderly and is really struggling with the situation.

    She owns a 3 bed flat and has rented out a room to a couple.

    It's been around 3 years, no tenancy agreement and rent has always been paid in cash.

    In the last year, the lodgers have had a baby and have taken over the property by throwing away the owners furniture and putting their own in as replacements.

    They pay rent when they want to and never in full.

    Can someone please advise the best way to evict these guys.

    I'm waiting on a reply regarding the exact move in date and rental figure

    Thanks in advance

    #2
    Originally posted by Bach View Post
    Hi

    I'm posting on behalf of a friend.

    She is elderly and is really struggling with the situation.

    She owns a 3 bed flat and has rented out a room to a couple.

    It's been around 3 years, no tenancy agreement and rent has always been paid in cash.
    ..............
    There is a tenancy/lodger agreement, but it's verbal, entirely legal...
    .
    Has she declared ALL rent to HMRC?

    ....In the last year, the lodgers have had a baby and have taken over the property by throwing away the owners furniture and putting their own in as replacements............
    Sounds like they have the run of the whole flat ....


    Does she live there with them? If not it's an AST not lodger agreement. Need answer to this before giving any sensible advice, please.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      No, she hasn't declared the rent to HMRC.

      Yup, they're taking advantage of her, they have taken control of the property.

      The lady lives in the same house and shares all facilities with the lodgers

      Thanks

      Comment


        #4
        So she should give "reasonable" notice, probably written - suggest 28 days - to end agreement then change locks at end of notice.
        https://england.shelter.org.uk/housi...enting/lodgers
        If she's worried get some people round forr the changing locks etc. Preferably several large men sho can be relied upon to behave in a calm & civilised manner.

        And start small-claims action over debt TODAY. And no reference or a full, honest one.

        I'd also inform council housing dept of unpaid rent so these scroats don't get much help or permanent rehousing.

        And declare rent to HMRC:
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Perfect

          Thanks

          Comment


            #6
            It sounds to me that adult social services and the police also ought to be involved.

            Comment


              #7
              YOU can call your local police and report them for 'cuckooing' a vulnerable old lady. It's quite prolific apparently and police take it quite seriously.

              Comment


                #8
                I thought cuckooing, but it is not the classic cookooing, which is associated with the illegal drugs trade.

                Disposing of property appears t be theft to me.

                Comment


                  #9
                  Thanks guys

                  She said she wants to give them the 28 days notice and try the lock change.

                  I will help her out with that.


                  Just to confirm, if the lodger doesn't leave when asked to, the locks can be changed. What happens to the lodgers belongings?

                  How long does he have to come back and retrieve them?

                  Does the property owner have to store them?

                  Thanks

                  Comment


                    #10
                    Originally posted by Stef Cooke View Post
                    YOU can call your local police and report them for 'cuckooing' a vulnerable old lady. It's quite prolific apparently and police take it quite seriously.
                    Yes they do....... do this as well they are taking advantage of a vulnerable adult

                    Comment


                      #11
                      I would add if possible wait until they make payment of rent THEN issue notice (reduce rent lost but only if she feels like it she can hang on.
                      As above as long as it's lodger they have little rights but do check notice policy in the agreement. Also regarding furniture and left items.
                      I believe it's as simple as changing locks, if they don't want to go then police can be called as they have no legal right to stay there.

                      Comment


                        #12
                        Omg...I've just found out that the lady "lent" the lodger 3k when their baby was born

                        We all know she isn't getting that back!

                        this makes me feel sick

                        Comment


                          #13
                          Originally posted by Bach View Post
                          Omg...I've just found out that the lady "lent" the lodger 3k when their baby was born
                          ....
                          Anything in writing? She should start small-claims MCoL TODAY. And inform any landlord after a reference of this.

                          Sorry to hear this: Wonder what else is to come out....
                          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                          Comment


                            #14
                            **** lent her 3k oh god she isn't going to be getting that back, the one thing you could do is put a CCJ against their names and hopefully this will warn other people off OR if they win the lottery then they will pay you to get rid of it cause they can't get credit

                            Comment


                              #15
                              Yes, I will help do the above.

                              No, there's nothing in writing.

                              I think I'll deal with the 28 day notice, get the guys out and then deal with the small claims

                              Comment

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