Need to serve notice on a lodger - issues with his "attitude" to rent

[RFS]

Macromia,

Actually that is a great point - the boiler plate agreement has the same but I can certainly take that on board but thankfully since he went I have never had an issue with the other lodgers that have followed and signed the lodger agreement so thanks for the clarification.

[Macromia]

4% a year would be reasonable; 4% per day definitely isn't.
It doesn't matter if he signed it, people are protected from onerous penalty clauses (and it's been that way for about 300 years)

I suspect that the OP has misunderstood how the interest should be calculated.
4% interest on £500 would be £20 per year (or £20/365 = 55p per day).

If it was £20 per day, that would mean a debt of £500 would become £7800 if left unpaid. for a year (1460% APR) - and that's without any compounding of the interest!

[Hudson01]

Wow what a nightmare and in your own home ! Best he is gone asap, something i could not do where i and my family live, tenants can be a pain and i certainly don't want to associate with them in my place of '' zen''

[Ted.E.Bear]

It is actually in a boiler plate UK Landord's Room only agreement so I included it in there and he was happy to sign it.

4% a year would be reasonable; 4% per day definitely isn't.
It doesn't matter if he signed it, people are protected from onerous penalty clauses (and it's been that way for about 300 years)

[RFS]

Wow, better off without I think! He sounds high maintenance...

Yeah - at worst I am losing one additional month's rent for that room as I was going to give him his notice on 14 July as it was. What I will get for AirBNBing the other room for Wimbledon to a US Colleague who rents from me every year will cover that off, other lodger is back at the end of July and finally my late mother's bungelow has new tenants and that rent is due at the end of this month so all in all, it could have been a lot worse, timing wise!

Just about to put in an ad-hoc invoice for freelancing, so should ride out the loss.

[sam_cat]

Wow, better off without I think! He sounds high maintenance...

[RFS]

The landlord/tenant laws are very different in Germany (so I assume the laws about lodgers will be as well) which may be influencing his attitude.

But he's not in Germany so....

I have a German colleague so I ran this by him - the laws there protect tenants more so than landords, BUT they are more akin to ASTs and laws around those than for someone just renting a room in a house. BUT it does explain why when he used the washing machine constantly - they are super strict in Germany about when leaves should be raked, when a washing machine can be used! He must have thought his Christmases had come at once when I said he could do his washing whenever. That being said when another lodger moved into the other room, he told him that the washing machine HAD to be his on a Thursday. The other lodger was a carpenter and basically told him he would do his washing whenever he liked, thank you very much!

Anyway - his response back to me was basically "I thought you would do this so I was preparing to move out anyway, SO THERE" as well as slipping up and admitting that the rent came from a UK bank account and not at all from a German account which he has constantly told me so that on weekends it would be on the following Monday (which to be honest I didn't think much off because often it is the same here).

He interestingly also told me he has apparently never had to sign an agreement for rent anywhere in the UK (he has lived in Swindon and Oxford that I know of) and that my asking him to sign an agreement in the first place was annoying and inflexible. So either he has been extremely lucky with landlords who don't want a contract and are happy to get their money whenever... or... he is about to be in for a rude shock if he moves from a lodger's agreement to an AST.

[RFS]

It's not related to the notice, but that will be an unlawful penalty clause.

It is actually in a boiler plate UK Landord's Room only agreement so I included it in there and he was happy to sign it.

[Ted.E.Bear]

This was what I sent around lunchtime: Sorry to disturb you while you are away but your rent has not been received. For each day you miss, please add £20 (4% interest on the due amount of £500 a month as per the agreement you signed). I did say previously when you demanded an extension, there were consequences to not paying your rent when due. So if you pay on your return on Monday, please add £60 to the total amount or pay today).

It's not related to the notice, but that will be an unlawful penalty clause.

[nukecad]

The landlord/tenant laws are very different in Germany (so I assume the laws about lodgers will be as well) which may be influencing his attitude.

But he's not in Germany so....

[RFS]

Just give him one months notice (one rental payment period), you don't have to give any reason at all. (and it may be better not to so that he has nothing specific to argue against).

https://www.gov.uk/rent-room-in-your...ding-a-letting
https://england.shelter.org.uk/housi...uded_occupiers

OK - Notice sent ... four weeks notice (one rental payment period) - let's see how this pans out now as it is pretty clear from stuff he has said, he is not at all used to not having his way.

[sam_cat]

And once he is out, change the locks. Its really easy to DIY.

[nukecad]

Just give him one months notice (one rental payment period), you don't have to give any reason at all. (and it may be better not to so that he has nothing specific to argue against).

https://www.gov.uk/rent-room-in-your...ding-a-letting
https://england.shelter.org.uk/housi...uded_occupiers

[RFS]

Hi - oh I was not going to add the Wimbledon stuff - that was just because I am literally only home in the next four weeks to change suitcases and sleep so wouldn't be around if he wanted out earlier. He arrives back from Germany when I leave for a tournament in Brum, and then I am back on Sunday and out on Monday and he is also away over that weekend too. He returns when I have a colleague staying in the other room, and then all three of us are around from start of July but obvs I will be out at work - so happy if he leaves on Middle Sunday.

The agreement he signed was for four weeks notice for both of us. He pays four weeks in advance as opposed to weekly.

[Interlaken]

War and Peace. Just tell him today by text or letter that his tenancy ends next Friday and you want him gone. No need to give long winded involved reasons or bring in Wimbledon. I would not give him 4 weeks but if you feel you must.

' Dear XXXX, I have decided to end your lodger arrangement at my premises. Please make sure you and all your belongings are out by XX/XX/XXXX.

That is all you need. Don't enter into dialogue with him.