Lodger eviction

[2Toasty]

A lodger moved in to a spare room 2 months ago. I was going to be there 3/4 times a week. I live elsewhere. We share utility bills equally. What she didn't mention at the interview was that she is very asthmatic, convalescing from an op, and prone to chest infections. Aged 66, she is now on the very vulnerable list. When I'm there, now once a week, I observe hygiene guidelines, and just clean, take out the rubbish and check the boiler (which runs round the clock). She gets food and meds delivered by volunteers.
The problem now is that she's turned nasty, insisting that she has sole use of the living room with TV. She is refusing to pay her share of the bills. Using her vulnerable status against me. I'm anticipating problems getting the rent, as she's finding fault in everything. If this happens can I evict her? Can I lock the living room door? Is she entitled to TV? How can I avoid being the tyrant landlord, but still evict? She has family nearby, but doesn't want to bother them. Thanks in advance!

[davidmartin_uk]

Lodgers have very little rights. If she pays you on a weekly or monthly basis just give that amount of notice. Its you house and you live there. Unless she bucks here ideas up tell her she is out.

[hamilton]

It really sounds like you are describing a tenant, not a lodger! Unfortunately you don't have a hope of evicting her any time soon, given the current state of the world.

[theartfullodger]

If you're only there once a week your a non-resident landlord so she's a tenant.

Served GSC, EPC, all the other paperwork?

Eviction will be tough

[hamilton]

That won't stop her from being a tenant! You can't take away rights after the fact.

[Welshie]

It's not really down to how much time is spent in the property, it would have to be classed as your main residence. You can't actually make the lodger agreement valid after the fact. You may want to speak with a solicitor who specialises in Housing Law.

[theartfullodger]

Lettings law rather than housing - which tends to be conveyancing specialists

[Hudson01]

She sounds like a real pain i would want her out asap, its your home (i think from the post you placed) but as said ensure she can not claim tenant status as your in a world of hassle then.

[DPT57]

She sounds like a real pain i would want her out asap, its your home (i think from the post you placed) but as said ensure she can not claim tenant status as your in a world of hassle then.

I think the clue to why that's going to be difficult is here:

[/QUOTE=2Toasty;n1102446] I live elsewhere.[/QUOTE]

[jpkeates]

I am only there 1 day a week due to the Virus stopping my work. Out of interest, what would be the minimum time spent in your property, to make the lodger agreement valid? TIA

You have to live in the property and you clearly don't.

It doesn't matter what your agreement is titled, the occupant is almost certainly a tenant, although that might depend on what it is they rent from you.

If they are a tenant, if you move back in it might be a criminal offence.

Letting a property under a fake lodgers agreement is a common rogue landlord tactic, and you're not going to get a lot of sympathy if she kicks up a fuss.

[hamilton]

No good deed goes unpunished!

[Stew]

Hi 2Toasty

So I noticed in your first post you wrote "I was going to be there 3/4 times a week", is this your own house that you bought and previously lived in full time and is the other place you stay a partners house and you have not legal ownership over it? - If this is the case then it sounds more reasonble..... i.e now your not working due to the climate you might be staying with your partner......

If this really is the case and your only not staying there because you are not working then you might have more of a case if you can show some kind of occupancy like all your bills bank statements wage slips car insurance etc going there do you pay council tax there? is she now registered to pay council tax and is she paying?

Just thinking out if your situation seems reasonable and what an outsider might think? -

Different question did you take references from the person, just wondering if they might have done this previously to someone else.

While her condition might make her vunerable and if so you need to do your best to make matters easy for her until you work out what you can do. Her age I believe does not make her vunerable on its own so if she is asking for sole use of the lounge I would be inclinded to give it to if she really is not allowed to go outside but I would want to see the letter sent to validate that (I would not take the fact that she gets food delivered as evidence). However I would inform her that she has no right to sole use of the lounge but as a guesture of good will given that she cannot go out you will allow this for a period to be reviewed week by week.

If the first two sentences hold true then I suspect given how the relationship is going you don't what her to gain total control of the house so I would make sure you spend time there.. I suspect even if these two sentences do not hold water the most she can claim is that she is a tenant in the house so has her room and has shared use of the other rooms in the house. Sure others will confirm or correct me...

I'm not legally trained but this is just what seems reasonable to me but take advice before doing anything... hopefully others will come along and tell me this sounds ok or I'm totally wrong...

Also you might want to consider if she is really vunerable and on the list then this lock down may be playing on her mental health so take that into account also if she is effectively house bound,, try and cut her some slack but equally be assertive in the position around the bills and the rent.. It sounds like you going to another house have more normality than she has at the moment. I personally would not like to 66 alone and renting a room in someones house, so I expect this by need rather than choice. Try and be as kind as you can be during this hard time.

All the best Stew.

[Stew]

Hi I would check your lodger agreement, even if this was a HMO I don't believe she would be entitled to sleep on the sofa. Personally I would class this as unreasonble unless she is ill and cannot climb the stairs but you mention it's a flat.

Getting the other documents sent to your partners place implies you spend more time there, but this could be done for security reasons. I assume you do not pay council tax at your partners house, where are you registered to vote?

I would say it's like a see saw some thing are in your favour some are not. The proper lodger agreement may be turned upside down by her if she can prove it's not your main residence, being away for work from your main house is accepted I think but if you spend 4 nights at a week at your partners she can argue she is a tennant.

I would be most put out of someone sleeping on the sofa if they had a bed in there bed room,,, however maybe she is just lazy and wants to watch tv late into the night (I've done it myself).. has she a TV in her room, apart from the issue regarding TV license can you put a tv in her room.

I would be tempted to try and find out where she lived before and see what happened this may give you an idea about how to deal with her.

Also check your agreement around what you would provide in the way shared use of TV etc etc

There is always a fine line between being nice and being take for a ride

All the best Stew.

[DPT57]

From what you've said, your case sounds a bit borderline to me. You have some evidence that its your principal home, but there is also evidence, (such as the bills) that you live elsewhere, not least of which is that you said yourself that this is the case. If and when it gets to the point where you need to evict this person you would probably not be able to do it for a long time and without considerable expense if she is a tenant as a s21 no-fault eviction may not be an option, and you don't have sufficient grounds for a fault based eviction unless she stops paying the rent. You may be able to persuade a judge that s/he should waive the requirement for prior notice under section 8 ground 1, but there are no guarantees. If you intend to evict her as a lodger you should start by getting your story straight and your ducks in a row, but you should be aware that this is also not without risk.