lodger in my apartment

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    lodger in my apartment

    hi
    I rented an apartment then left for some reasons and rented a room to 2 guys
    just to do not lose all the money i had to pay for rent meanwile I was not there (now im back in the apartment which its a 3 bedroom flat) .so now that Im back in my room and these people dont wanna pay the rent at all (claiming that for few days they didnt have hot water, this due to some other problems related to all the building btw) and they are unhappy etc, whats the best way to ge rid of them? as lodgers can i give them a 28 days notice ? I ve read that they can be told to move even with less notice in some cases? if they do not pay, is this not a good reason to tell them to go?
    they dont have any contract and its all verbal.
    thanks
    Last edited by mark2008; 21-05-2008, 21:06 PM. Reason: spelling

    #2
    If you were not living in the flat when they started to live in your flat, they could be common law or assured shorthold tenants rather than lodgers. If you evict them by changing the locks (as you can with lodgers) you may find that you are done for illegal eviction.

    I recommend getting legal advice.

    By all means give them 28 day notice to quit letter and see what happens, but do not change the locks unless you are sure.
    All posts in good faith, but do not rely on them

    * * * * * ** * * * * * * * * * * * *

    You can search the forums here:

    Comment


      #3
      Why haven't you continued your previous thread Tenant's subtenants complain re no hot water ?

      For the members to be able to suggest how to proceed without you abusing your tenant's rights, please answer the following questions clearly and concisely:
      1. On what date did your tenant first move in?
      2. Did you take a deposit from the tenant?
      3. If a deposit was taken is it in a protected scheme?
      4. For what length of time did you agree with the tenant that they could live at the property?
      5. On what date did you move out?
      6. On what date did you move back?
      7. Is the rent in arrears?
      8. Is the hot water problem resolved?
      9. Have you informed your head landlord that you too have tenants living in their property?

      We'll get to the bottom of this.

      Comment


        #4
        sorry as the situation has changed Ive started a new one
        I answer the questions thanks for your help

        n what date did your tenant first move in?
        lets say 2 months ago

        Did you take a deposit from the tenant?
        2 weeks as rent in avance plus 1 week rent

        If a deposit was taken is it in a protected scheme?
        no it was considered as 2 weeks rent in avance plus 1 week rent

        For what length of time did you agree with the tenant that they could live at the property?
        not specified
        they know that they have to tell me with 2 weeks in advance in case they had to move out.

        On what date did you move out?
        I had the other rooms empty where I had my things and move after few days, then put in the other rooms 1 boy ad 1 girl my friend which moved out few days ago so i went back into the flat with my things into the room.Im not always ther thought, as i travel a lot for work.

        On what date did you move back?
        I moved back few days ago in one room.

        Is the rent in arrears?
        yes it is , its 1 week and 2 days now

        Is the hot water problem resolved?
        yes it is but that was a problem related to all the building and not mine, but they obviously looking at excuses t do not pay and have reductions.
        as I explained this its the landlord problem in terms that someone was working at the main pipes in the buildin so in that case I had the problem too and its not my main responsability, as Im also a tenant.
        first they said they were looking to pay half price then nothing, they say that they wanna pay half but they dont pay, then that thay wanna find an other place so I said ok If you dont feel it please go, then they say yes we will go when we will find something else but you cannot tell us to go etc etc.
        same old story I guess. They dont like it but they wanna stay.

        Have you informed your head landlord that you too have tenants living in their property? he knows and its ok even If he didnt write for me any agreemnt on that. I ve got proper contract by the way and I always pay on time etc etc.

        for these people I made a paper statin that they had to pay rent on time , otherwise they would have been charged 5 pounds a day for delay and they had to give 2 weeks notice etc, they signed, they dont have the paper but I do.

        Question its :
        if I ve got one room there they are my lodgers, so doesnt the 28 days notice (or less Ive read in extreme cases) apply?
        How can I tell them to go and pay the rent?
        Or even just to go, I dont see how can be ok that 2 persons stay in a place without payng the full rent etc .

        thanks for the time .

        Comment


          #5
          Tell me if I have summarised the situation correctly?
          Originally posted by mark2008
          On what date did your tenant first move in?
          March 2008

          Did you take a deposit from the tenant?
          No

          If a deposit was taken is it in a protected scheme?
          does not apply

          For what length of time did you agree with the tenant that they could live at the property?
          not specified therefore six months before a landlord can legally move to evict an AST tenant)

          On what date did you move out?
          March 2008

          On what date did you move back?
          May 2008

          Is the rent in arrears?
          yes 1 week and 2 days now

          Is the hot water problem resolved?
          yes it is but that was a problem related to all the building and not mine

          Have you informed your head landlord that you too have tenants living in their property?
          yes and he is ok with it
          mark2008, as has previously been stated you do not have lodgers, this person is an AST tenant. If you want to evict then you must abide by the law. You cannot evict them before they have been in occupation six months. By all means you can ask them (nicely) to leave and cross your fingers that they will, but if they know their rights they don't have to until you obtain a court order.

          Would any other members like to comment on this situation?

          Comment


            #6
            but..

            if Im into the property am I not having them as lodgers?

            Comment


              #7
              When they moved in, did you have a main home elsewhere?
              Did the tenants know that you were definately going to move back?
              All posts in good faith, but do not rely on them

              * * * * * ** * * * * * * * * * * * *

              You can search the forums here:

              Comment


                #8
                Originally posted by mark2008 View Post
                if Im into the property am I not having them as lodgers?
                As you posted that they moved in when you moved out (March 2008), you cannot be a resident L.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  .

                  what about their rent? can they refuse to pay and refuse to move??

                  Comment


                    #10
                    Originally posted by mark2008 View Post
                    what about their rent? can they refuse to pay and refuse to move??
                    Yes, but they still owe you; start county court proceedings to recover debt or contact a debt collector.

                    You need to serve proper notice for them to quit. You cannot apply to court for eviction until they have been there for 6 months if it is an AST. If its a common law tenancy, 4 weeks/1 months notice to quit.

                    You need legal advice.
                    All posts in good faith, but do not rely on them

                    * * * * * ** * * * * * * * * * * * *

                    You can search the forums here:

                    Comment

                    Latest Activity

                    Collapse

                    • Reply to Inherited a few rentals
                      by Hooper
                      Obviously it depends on your properties but if they and your tenants are not particularly high maintenance there is no reason that you should have to reduce your employment hours to fit in managing 4 properties. I manage 9/10. I often allow it to take up more time than it needs to - it's true that if...
                      28-01-2022, 14:44 PM
                    • Inherited a few rentals
                      by Landlord7289
                      Hoping for some advice on this situation from people who may have been through similar...

                      I am inheriting 4 rental properties from my late father. Are there any tips or ideas people would share about this situation?

                      My situation is I am early 30s in full time employment, live...
                      25-01-2022, 15:02 PM
                    • Reply to Deducting Cleaning Costs from Deposit
                      by jpkeates
                      The government's model agreement doesn't contain such a provision.

                      "...the Tenant must return the Property and any items listed on the inventory to the Landlord in the same condition and state of cleanliness as they were at the start of the Tenancy."

                      I suspect that...
                      28-01-2022, 14:43 PM
                    • Deducting Cleaning Costs from Deposit
                      by Piffy
                      I use a Letting Agent. Recently the tenants vacated, prior to the tenants leaving when the letting agent did an inspection they advised the tenants that the property would need cleaning before they vacated. The tenants have now left, the place does need a good clean, the Letting Agents have said that...
                      27-01-2022, 11:30 AM
                    • Reply to Inherited a few rentals
                      by AndrewDod
                      I think by "vacant possession" here they are not that concerned about the individual army-men but that the MoD itself has a 200 year lease. If MoD were to release those bottom-feeders who sucked out the money taxpayers have contributed then the bottom feeders would be x billion richer...
                      28-01-2022, 13:10 PM
                    • Reply to Deducting Cleaning Costs from Deposit
                      by DoricPixie
                      The tenancy terms in the tenancy agreement? Not every AST is the same so is that not a bit of a sweeping statement to say that it is always a requirement? Which clause in the model AST provide by the government makes it a requirement for a tenant to leave the property in a reasonable state of cleanliness...
                      28-01-2022, 12:50 PM
                    • Reply to Inherited a few rentals
                      by boletus
                      Different circumstances (licence to occupy?) but regarding vacant possession prices from yesterdays Guardian;

                      https://www.theguardian.com/politics...nistry-defence...
                      28-01-2022, 12:39 PM
                    • Reply to Inherited a few rentals
                      by AndrewDod
                      I highly doubt that would pass muster with HMRC (if audited) unless it is some sort of long term tenancy from which one cannot escape.

                      A small diuscount can be applied (and is sanctioned by HMRC) where there are genuine difficulties (for example in the case of jointly owned property where...
                      28-01-2022, 12:02 PM
                    • Reply to Inherited a few rentals
                      by jpucng62
                      I think that might only be in the case of a regulated tenancy where you can't recover the property.

                      Generally if you pay less IHT you will probably pay more CGT when you sell (unless it is still a regulated tenancy)....
                      28-01-2022, 11:59 AM
                    • Reply to Inherited a few rentals
                      by DPT57
                      In that case I would strongly urge you to join a landlords association and do some training, or you'll find your net profit is negative due to fines, penalties and non-paying tenants who prey on inexperienced landlords....
                      28-01-2022, 11:31 AM
                    Working...
                    X