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

[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.

[RFS]

Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? Lodger, (signed agreement)

Q3 – What date did current TA start dd/mm/yy? 14/2/19

Q4 – How long was initial fixed term (6/12/24 months / other)? 4 week agreement signed

Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? Due 14th of each month. Requested a standing order to which he refused (German national living and working in the UK)

Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? Has paid a deposit

Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy). N/A

Q8 – Does the landlord live in the same property as the tenant? Yes.

Fastidious to the point of being downright rude (told other lodger he felt the house was disgusting, that the cleaners (that is included in his rent) should be sacked, and that when he wanted to pay his rent late, argued that he had paid his rent at all other times on time so he should be allowed to pay late. Everything since he moved in has been argument with him, from how to load up the dishwasher, to refusing to move his car which was too big on the drive to let the other lodger have space to park as he also has a motorbike and most recently his pushbike on the drive.

I knew he was going away this weekend (left yesterday, Thursday) and his rent is due today. He refused to set up a standing order when asked. I sent him a reminder text that his rent was due today when he was away, and when it was not received this morning (usually received by 8am, so 9am German time) I told him that his rent hadn't arrived, and reminded him that this time he would need to pay the interest (4% of £500 so equates to £20 a day for non-payment) as I had told him last time there are consequences for his rent not being paid on time. I reminded him verbally to which he snapped "yes as per your message"

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).

The month he asked for an extension, I received parcels he had ordered online daily. Yet he had rudely wanted an extension to the end of the week "when I get paid". We have had issues before because he can be very blunt and then covers this up with "you must tell me if I am not understanding you" - and when I do he kicks off in a tantrum.

His response: "To disturb me about something that we discussed not just once is not acceptable. I am well aware of our arrangement and stick to it as promised. Please stop this. As stated in the contract did pay my rent today. I am pretty sure the money will be visable on your account very soon, I am very happy to avoid any problem I can avoid."

His rent appears when he actually makes the payment and lo and behold... as soon as I sent the text his rent miraculously appeared.

I was going to serve him his notice after Wimbledon (I am working away a lot at the moment over the tennis season and will be away two weeks starting Monday, and arrive back before the start of Wimbledon, and when will be working on site from 8am to late every night) so I wanted to give him his notice once that was all over and I could be at home to check he doesn't do anything untoward. However I do not think it is unreasonable, especially given his behaviour last time when initially I said he had to pay his rent when due and he went postal, was incredibly rude and somehow feels that because he has paid his rent when due before, it means he can pay late from time to time.

His attitude is awful and to be honest he is so rude, I have simply stopped engaging with him when we are in the same shared space.

I was tempted to leave it until 14 July as I am away and don't have to put up with him anyway - but being told it is unacceptable to query why the rent has not been received yet feels a little bit much, although maybe I could have waited until 5pm, but I have bills to pay, same as any other landlord.

I want to formally give him 4 weeks notice - I believe that I can just say I need the room back and he needs no other reason than that.
This is actually what I want to send:

>>>
Usually your rent is visible on the morning it was due. Also aware that you are away until Monday, I felt I needed to query this sooner rather than later. Your rent was received after we started corresponding by text.

I am sorry that you feel that a landlord legitimately raising a concern about due rent is "unacceptable" but given your previous views about paying rent on the due date, I felt at the time it was an appropriate course of action. You have, in the past, mentioned that German banks do nothing over weekends, so I am sure you can appreciate going without that rent for three days until your return next Monday was unacceptable to me.

Addressing your point of my stopping querying your rent when it is due - it is clear that such an "unacceptable" practice is not welcome. Therefore I think it best that I formally give you four weeks notice, as this agreement is not working for either of us, as it stands. Therefore you have until 13 July to leave the property. Having also paid a deposit, on receipt of your bank details this will be returned to you when you give back the keys and we can both agree that the room and shared spaces are as they were when you arrived.

I think that is the best solution for your request to "stop this" as it is clear we cannot agree on what is acceptable here between a landlord and lodger.
>>>

As he has (eventually) paid his rent I can't use a template for non-payment, but I do believe I can give reasonable notice to have the room back.

Any advice gratefully received.