I've sublet part to lodgers but they won't obey rules

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    I've sublet part to lodgers but they won't obey rules

    I am the primary tenant in rented accommodation. With my landlords permission, I rented a bedroom in the flat to a young couple. The handwritten contract I gave them stated that they had to return the room in the same condition in order to get their 3 weeks deposit back. Rent was 2 weeks in advance paid fortnightly. They needed to give me 3 weeks notice to find new flatmates. It was supposed to be kept reasonably clean for the period it was being shown to new prospective tenants.

    They moved in to the small flat and immediately I realised I had made a mistake as they were throwing parties every night with loud rave music. I managed to get them to stop, only by winning the sympathy of their friends who thank God put in a word that they should be a bit more respectful. I am middle aged woman.

    Then they began decorating the room in dayglo rave streamers, stickers, posters, etc. I told them they were free to do what they wanted but once they were ready to move they would have to get the room back to the neutral colors for the 3 week period I needed to get new tenants. They agreed they would put the room back 3 weeks prior to leaving. Last week they gave their 3 week notice. Today I had someone comme by to see the room and was horrifed that they had not put the room back. When I asked them about it, the very spoiled girl - she is 24 - but acts 15 says that because the contract she signed said nothing about putting the room back 3 weeks ahead of time, she was not going to do it. Her reasoning is that they are paying rent and therefore entitiled to have the room any way they want. But there is no way I'll be able to find a new flatmate with the room in the state it's in.

    The thing is they are on a short let. We share bathroom and kitchen. I'm finding it unbearable living with such spoiled brats. I will never get the room letted to anybody else while it is in such as state. The girl is going back to India to live permanentaly at the request of her parents so I suppose she doesn't care if she burns bridges here. I'm sure her parents would be shocked to discover their little princess living it up in London, doing drugs, partying and terrorising their middle aged flatmate/primary tenant.

    The flat is in London, so the rent is exhorbitant. I cannot afford to pay the rent on my own, so am really counting on being able to find someone to make a smooth transition with the rent.

    They are completely and utterly disrespectful and are making my life a misery. I'd like to submit them with a notice which says take the dayglo off the walls or get out within 7 days.

    I'm resolved to the idea that I'm going to lose a lot of money, so why put up with them any longer than necessary?

    My question is, are they considered excluded occupants, licensees or subtenants? I know that xcluded occupants and licensees have very little rights and in theory I could evict them with as little as a few hours notice. It is 8am. I haven't slept all night. It is awful living with these rude little monsters.

    #2
    If you are not the landlord then you might refer it to him/her but otherwise all you can do is ask your "lodgers" to leave. Providing they are indeed only lodgers. Without the full paperwork nobody knows.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      It sounds very stressful for you: would it be a good idea next time round to advertise for a single person nearer your own age with a quiet lifestyle?
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        Lodgers From Hell

        Hi Anna,

        I feel for you in this instance but the rights are in your favour.

        The issue from a legal standpoint on their rights is that of exclusive possession. Just put "lodgers exclusive possession" into google and you'll get loads of cases.

        As you are actually living in the same flat they do not have exclusive possession and therefore your arrangement with them is by license and NOT a tenancy, therefore, you can tell them to get out whenever you want!

        And I would, by the sounds they are disrespectful people and are unlikely to change.

        The rental market is fantastic at the moment so as soon as you've given them a couple of weeks notice, if your being nice, stick an ad in the paper for a lodger and say what you'd expect of them upfront and if they break those rules you'll chuck them out. I can't see you'll have much problem finding another lodger, ask for a months rent up front from the new lodgers and use that to do work to sort the room out.

        Hope this helps
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          #5
          Excluded occupiers

          Thanks for all the info! After doing a little poking around and researching the law, I have learned that they are indeed Excluded Occupiers with almost virtually no rights.

          The problem isn't so much the age but the lack of consideration. I've had loads of adorable young flatmates who are sweet and thoughtful. I'm an artist and fairly laid back about noise and partying. This particular couple are not only immature for 2 people in their early twenties, they are rude and and seem a bit racist. The young man will not make eye contact and the girl is haughty and acts as if she is talking to a servant. This would be unacceptable even if we were the same age. Partying is fine. 3 days non-stop rave music with the door ringing and people coming in and out of my flat without even mentioning it beforehand is just plain rude. At the very least I have to consider my neighbors in the building too.

          I have given them a written eviction notice.

          Comment


            #6
            Originally posted by Annasmither View Post
            Thanks for all the info! After doing a little poking around and researching the law, I have learned that they are indeed Excluded Occupiers with almost virtually no rights.

            The problem isn't so much the age but the lack of consideration. I've had loads of adorable young flatmates who are sweet and thoughtful. I'm an artist and fairly laid back about noise and partying. This particular couple are not only immature for 2 people in their early twenties, they are rude and and seem a bit racist. The young man will not make eye contact and the girl is haughty and acts as if she is talking to a servant. This would be unacceptable even if we were the same age. Partying is fine. 3 days non-stop rave music with the door ringing and people coming in and out of my flat without even mentioning it beforehand is just plain rude. At the very least I have to consider my neighbors in the building too.

            I have given them a written eviction notice.
            Sounds like a very good idea!

            Good luck - hope they go quietly and that you find someone nicer next time.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


              #7
              Hi Annesmither,

              Sorry for the situation you have found yourself in.

              Surely you can explain to anyone viewing the room that it will be in a satisfactory state when they move in.

              I assume the rest of the flat is in a clean, tidy and in a good decorative state.

              I would have thought that any prospective lodgers would see past the dayglo decor and you should not have any problem convincing them the room will be returned to the same decor as the rest of the flat.

              I wish you well

              Comment


                #8
                Use your imagination

                Hi dje494,

                The girl did insist I should tell prospective lodgers to "imagine" what the room would look like without the nightclub decor, but for that matter I may as well ask them to "imagine" that they are going to be living in a 5 star Manhattan Penthouse or a Castle by the sea. In my experience, presentation makes all the difference. The transformation of the room into a nightclub is difficult to believe unless you see it for yourself. It really is over the top. Why anybody would put so much energy into a 3 month stay is beyond me.

                At any rate, she is so outrageously and incredibly spoiled that I'm now convinced it's some kind of mental illness. She is losing all her hair and I wonder if this may be due to too much testosterone. I brought in a diplomatic friend to try and reason with her. I even offered that she only take down the most outrageous bits. No luck. Then I served them with notice. She barged aggressively into my room and I was forced to call the police. The police informed her that if I wanted to, I could kick her out that night. Even then she continued to insist on keeping her room exactly as it was. Her boyfriend finally managed to get her to calm down and for the first time, I think he has now managed to get her under control.

                She will be going back to India at the insistence of her parents and the love affair with her English boyfriend will be ending. She is so obsessed with having every detail of their lovenest exactly how she envisions it that she is willing to go to mow anyone down to get no less than exactly what she wants, even if this means making the lives of people around her a misery. The young man doesn't realise what a lucky escape he's getting!

                Comment


                  #9
                  I agree, but failing a quick fix you could offer to prospective lodgers that the room will be decorated to a colour scheme of their choice at your cost.
                  I also post as Moderator2 when moderating

                  Comment


                    #10
                    My cost?

                    At my cost? You do realise I don't make money from lodgers right? I am the primary tenant and take lodgers into the flat because I can't afford the whole rent myself. Paying to redecorate is not a realistic possibility.

                    It's a bit more than "a color scheme". They have a big disco ball in the center of the room which is hand painted dayglo orange, pink, green, purple and blue. There are wide dayglo streamers leading from there to all corners of the room. There are dayglo stars pasted on all the walls and the entire ceiling and dayglo blue curtains with multicolored dayglo plastic stars all over it. Their sheets and couch covers are a bright orange and red asian motif. Then there are the huge 6 x 8 foot paintings - 2 of them plus some smaller ones done by the girl which are really nothing short of horrendous. Although you can't help but admire their energy and enthusiasm, it really is severely misplaced.

                    Comment


                      #11
                      Originally posted by Annasmither View Post
                      At my cost? You do realise I don't make money from lodgers right? I am the primary tenant and take lodgers into the flat because I can't afford the whole rent myself. Paying to redecorate is not a realistic possibility.

                      It's a bit more than "a color scheme". They have a big disco ball in the center of the room which is hand painted dayglo orange, pink, green, purple and blue. There are wide dayglo streamers leading from there to all corners of the room. There are dayglo stars pasted on all the walls and the entire ceiling and dayglo blue curtains with multicolored dayglo plastic stars all over it. Their sheets and couch covers are a bright orange and red asian motif. Then there are the huge 6 x 8 foot paintings - 2 of them plus some smaller ones done by the girl which are really nothing short of horrendous. Although you can't help but admire their enthusiasm, it really is severely misplaced.
                      Show prospective tenants your own room and swap rooms with the nasty people's when they go?
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                      Comment


                        #12
                        Originally posted by Annasmither View Post
                        At my cost? You do realise I don't make money from lodgers right? I am the primary tenant and take lodgers into the flat because I can't afford the whole rent myself. Paying to redecorate is not a realistic possibility.
                        Either the room stays as it is, reducing your chances of getting new lodgers, or someone redecorates. If it is re-decorated and you can't get the current lodgers to pay then who else do you expect to pay?

                        You wanted the minimum time between current lodgers moving out and new lodgers moving in, how does re-decorating fit in with that schedule?
                        I also post as Moderator2 when moderating

                        Comment


                          #13
                          Whatever practical measures we suggest, you don't seem to like them.

                          I think your only recourse now is the European Court of Human Rights. Good luck.
                          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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