Evicting a Lodger

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    Evicting a Lodger

    Hi All. I took in a lodger on a lodger agreement in March. She's a nice lady but very untidy and fairly incompetent. I've got texts from her in the early hours asking why her laptop doesn't work lol.
    Anyway I've received a full cash offer by a Chinese couple to rent the whole flat out for 7 months on an AST. They want to move in 6 weeks time which is fine as my Lodger agreement has 28 days notice. Thing is during lockdown I chose to isolate at my family home so haven't spent many nights in the flat. Wondering if she could try and claim a tenancy and refuse to go? Do I send her the eviction email first or take the holding deposit from the Chinese couple first? And am I liable if the lady didn't move? She's nice and really likes the flat, it's just my freeholder has said I'm not allowed a lodger hence I've decided to let the flat as a whole.

    thanks in advance (and especially to JP who no doubt is reading this! Haha )

    #2
    If you haven't been living there, she can certainly try and claim its a tenancy.
    That's not what most people would do, but it's possible.
    And she might have a point if she did make that claim.

    You shouldn't take a holding deposit unless you have a property available, and 28 days is longer than the law allows without a specific agreement with the prospective tenant.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Thankyou Sir! I meant like take a holding deposit, then issue the eviction letter. And then give new tenant the contract with move in date etc?

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        #4
        Talk to the lodger about them leaving first.
        It's rarely best to start with formal notices.

        And never commit to supply something you're not sure you'll be able to.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #5
          Much appreciated JP!

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            #6
            JP, I was discussing terms with the prospective tenants. And they asked me some questions which I haven't encountered before. They asked for proof of my mortgage which I thought was a strange question lol. And also since they're paying upfront they asked me to provide adequate comparable accommodation if the property was inadequate. They've since agreed to pay the original monthly asking price rent instead of the 7 months upfront discount offer they made. But it's raised alarm bells to me that they may be high maintenance tenants? Is it worth passing just for the peace of mind.

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              #7
              Are you familiar with your statutory obligations regarding how to rent, gas safety and electrical safety cert, deposit protection, epc etc?

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                #8
                Yes sir. Planning to get the gas certificate from a corgi engineer. And already got epc online. Electrical safety I wasn't familiar with but the flat is only 4 years old from construction? Have you found tenants who ask quite precise/obscure questions do be more difficult to deal with? Thanks

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                  #9
                  Corgi is defunct, now replaced by Gas Safe register.
                  Do some LL training.

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                    #10
                    Hope you are taking copies of their passports and visa - right to rent. I'd like to know how they came to be looking for accommodation and where they were living before + landlord reference.



                    Freedom at the point of zero............

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                      #11
                      Thanks. They've given me passport and licence. I didn't ask for a landlord ref as they were going to pay upfront, and given you can't evict tenants at the moment even if their a proper pain to deal with would their landlord be likely to tell me that? Lol

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                        #12
                        There are so many alarm bells ringing here. A LL who doesn't know what they're doing combined with dodgy tenants. My advice would be to ditch these tenants and let it out through a reputable LA unless you're going to learn how to do it yourself properly. You should ALWAYS get them checked out properly. Most importantly if you have a bad feeling about them find someone else. I can't think of any legitimate reason to see evidence of a mortgage though it would be reasonable to ask for evidence that you own it. The best scammers always come across as nice people.

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                          #13
                          Yes agree with royw alarm bells plus a ll not au fait with the law.

                          Comment


                            #14
                            Anyone wanting to pay that much rent upfront will have something to hide. The fave would be cannabis factory or illegal immigrant home



                            Freedom at the point of zero............

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                              #15
                              If you are NOT living in the same property, she cannot be your Lodger and any such Agreement is a sham
                              Sounds like you are her LL, wih all associated liabilities.

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