My lodger's due for a Probation Service report

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    My lodger's due for a Probation Service report

    ... he's due for a pre-sentencing report from a probation office!!

    I'm due to become a live-out landlord and have a lodger already on a periodic lodger agreement. So.... arranged to rent out bed one and two under separate AST's to two unrelated professionals. (I'm now HMO landlord, so) to keep everyone under the same conditions I drew up an AST for the lodger to sign the same as the others, and hey presto!!! He has a pre-sentence report and a hearing in late Oct for something he's allegedly 'done' and I have no idea what!?

    Before committing to him with an AST (to put in context, he's been a reasonable lodger - tidy, mostly quiet and pays on time), I'm going to ask him outright what is going on.

    My options are (I had served notice to quit on the basis of his lodger agreement in case he didnt want an AST with me), so that is still extant. And just get him out of the property by that, or does anyone know of any special clauses apart from Ground 14 Grounds for Possession? Like a disclaimer of some kind?

    My gut feeling is to not go ahead with the AST even with a special clause related to Ground 14 and tell him so - would it be wiser to put that in writing? Any advice?

    #2
    First find out what is alleged against him. If he's likely to be violent, escape and cancel quickly.
    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).

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      #3
      Jeffrey, thanks for this. He's very unlikely to be violent - i've known him for a couple of years and this is not his character. He is prone to lying and avoiding issues until he is directly challenged.
      My concern is having a tenant in situ who is then convicted - of anything - and ends up in prison for an offence or being fined so heavily so as to cause cashflow problems enough to affect ability to pay rent.
      First step is to find out what's going on and ensure he's not lying to me

      Comment


        #4
        Being a landlord is very much like having a 6th sense, so make sure you use it!
        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


          #5
          How did you find out about his problems in the first place? Did he tell you?
          All posts in good faith, but do not rely on them

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            #6
            Remove foreseeable problem

            Originally posted by Angela View Post
            He is prone to lying + My concern is having a tenant in situ who is then convicted - of anything - and ends up in prison
            Suggest you get him out now, otherwise you may find yourself as shown at :- http://news.bbc.co.uk/1/hi/england/kent/7605218.stm

            Then read posts :-
            http://www.landlordzone.co.uk/forums...ad.php?t=13863

            Goood luck

            R-a-M

            Comment


              #7
              Originally posted by ram View Post
              Suggest you get him out now, otherwise you may find yourself as shown at :- http://news.bbc.co.uk/1/hi/england/kent/7605218.stm

              Then read posts :-
              http://www.landlordzone.co.uk/forums...ad.php?t=13863

              Goood luck

              R-a-M
              Its this knee jerk reaction that makes people lie in the first place.
              Everyone can make a mistake.

              Just be sure of your facts about this guy though. You do not want him ending up in prison, and not paying for the room
              All posts in good faith, but do not rely on them

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                #8
                Originally posted by Bel View Post
                It's this knee jerk reaction that makes people lie in the first place
                Sorry ?

                She says "He is prone to lying".

                I don't lie when asked a straight forward "knee jerk" question, -ever.
                I can happily say, that no one has ever said I am prone to lying, and am proud of that fact.

                "He is prone to lying" is before it came to light about his pending court case,

                so Angela, be careful, you must get to the truth some how. Yes, he pays on time, but that is when he was a periodic lodger with no rights and could be thrown out immediately.
                Now he will have the law on his side if you issue an AST and at the best, he stays there and gives you knee jerk lies, and at the worst, you see yourself in the possition as my post "Remove foreseeable problem"

                It will be one or the other, and only you can decide which way you want to go eventualy.

                R-a-M

                Comment


                  #9
                  Originally posted by ram View Post
                  Sorry ?

                  She says "He is prone to lying".

                  I don't lie when asked a straight forward "knee jerk" question, -ever.
                  I can happily say, that no one has ever said I am prone to lying, and am proud of that fact.

                  "He is prone to lying" is before it came to light about his pending court case,

                  so Angela, be careful, you must get to the truth some how. Yes, he pays on time, but that is when he was a periodic lodger with no rights and could be thrown out immediately.
                  Now he will have the law on his side if you issue an AST and at the best, he stays there and gives you knee jerk lies, and at the worst, you see yourself in the possition as my post "Remove foreseeable problem"

                  It will be one or the other, and only you can decide which way you want to go eventualy.

                  R-a-M

                  We simply do not know the whole facts of the case. I understand why the OP is hesitant about letting him have a tenancy, but she says she has been comfortable with him for quite a while. He is a human being. I think for you to judge him so decisively and harshly is a knee-jerk reaction that is easy to do from the comfort of the forum, but a little harder if you have empathy with a lodger you have lived with for quite a while.

                  Some people do not have the luxury of parents who teach them that to lie is bad and may have consequences. They come from the school of hard knocks.

                  People will lie about 'doing time' because it means that they cant get a job or accomodation. So its either lie or go back to crime. Which would you chose?
                  All posts in good faith, but do not rely on them

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                  Comment


                    #10
                    Originally posted by Angela View Post
                    I'm due to become a live-out landlord and have a lodger already on a periodic lodger agreement. So.... arranged to rent out bed one and two under separate AST's to two unrelated professionals. (I'm now HMO landlord, so) to keep everyone under the same conditions I drew up an AST for the lodger to sign the same as the others, and hey presto!!! He has a pre-sentence report and a hearing in late Oct for something he's allegedly 'done' and I have no idea what!?

                    Before committing to him with an AST (to put in context, he's been a reasonable lodger - tidy, mostly quiet and pays on time), I'm going to ask him outright what is going on.
                    Can you not postpone until after the hearing so you know where you stand?

                    I'm not sure what the 'rules' are about confidentiality/data protection etc etc here, but aren't details of forthcoming court cases (and subsequently their outcomes) normally 'public' knowledge? (ie could you check with your local court or copshop?)

                    Comment


                      #11
                      Originally posted by Bel View Post
                      Which would you chose?
                      Well, the OP stated "He is prone to lying"
                      I have answered your question already. I don't accept liars, but you do, that is your choice.

                      Yes, we don't know the circumstances, but "He is prone to lying" ( is before it came to light about his pending court case ) is cause for concern.
                      "lies about 'doing time' -- are not the issue. "He is prone to lying" is the issue

                      If you wish to accept a tenant who has a record of, prone to lying, that is your choice, it is not my choice, so we will agree to disagree.

                      End

                      Comment


                        #12
                        Originally posted by ram View Post
                        I don't accept liars, but you do, that is your choice.

                        You're twisting my meaning; all I'm suggesting is that it is prudent to practice caution before delivering the death penalty.

                        Its a miracle that you accept anyone as 99.999999% of the population have lied sometime for various reasons..some reasons worse than others and we dont know what the lodger lies about in this case.
                        All posts in good faith, but do not rely on them

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                        You can search the forums here:

                        Comment


                          #13
                          Originally posted by Bel View Post
                          You're twisting my meaning; all I'm suggesting is that it is prudent to practice caution before delivering the death penalty.

                          Its a miracle that you accept anyone as 99.999999% of the population have lied sometime for various reasons..some reasons worse than others and we dont know what the lodger lied about in this case.

                          Well said. Let he who is innocent, etc.
                          '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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