Letting to lodger: what Agreement form/wording?

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

    #76
    Can I evict lodger? What are his rights (if any)?

    Firstly hello to all!

    I have a lodger living with me who I want to move out because her student lifestlye doesn't mix with my professional lifestyle, but she's refusing to move. She signed a 6 month Lodger's Agreement (the one you can buy from WH Smith), which ran out last March and she's now pays rent on a rolling monthly basis.

    Seeing as her agreement has expired months ago, does she still have any rights to remain in the property?

    If I give my lodger a month's notice, does this have to fall on the day rent is normally paid (as is the case with tenants)?

    She has also failed to pay this month's rent, instead asking me to use her 1 month's deposit to cover the rent. I don't believe I should be using the deposit to pay for rent as it should be held in cases of damage to the property or outstanding bills - am I correct on this?

    Thanks

    Comment


      #77
      What does the agreement you signed, say about the length of notice you have to giver her to leave?

      You sure it was a lodger agreement or tenancy agreement?

      Comment


        #78
        Originally posted by ahfh1 View Post
        Firstly hello to all!

        I have a lodger living with me who I want to move out because her student lifestlye doesn't mix with my professional lifestyle, but she's refusing to move. She signed a 6 month Lodger's Agreement (the one you can buy from WH Smith), which ran out last March and she's now pays rent on a rolling monthly basis.

        Seeing as her agreement has expired months ago, does she still have any rights to remain in the property?

        If I give my lodger a month's notice, does this have to fall on the day rent is normally paid (as is the case with tenants)?

        She has also failed to pay this month's rent, instead asking me to use her 1 month's deposit to cover the rent. I don't believe I should be using the deposit to pay for rent as it should be held in cases of damage to the property or outstanding bills - am I correct on this?

        Thanks
        1. A lodger has no statutory rights under Housing Act 1988; only contractual rights.
        2. Everything during fixed term therefore depended on what your written Contract stated.
        3. As there are NO statutory continuations in this case, the periodic tenancy is inherently NOT the fixed term's continuation but something new- so even the written Contract is now inapplicable.
        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


          #79
          Bearing in mind what Jeffrey has said, and with the proviso that you do actually live at the property as your main home and share facilities with her eg kitchen or bathroom, you only need to give her "reasonable notice" to leave if there are no contractual terms.

          Reasonable notice is open to interpretation. Some say use the payment period i.e. a month for monthly payment

          If she has not paid you rent, then what is reasonable would be much shorter.

          If she wants her deposit to pay the rent it sounds like she is getting ready to move out anyway. You could give her notice to move when this is spent, and say that you will change the locks after that day.
          All posts in good faith, but do not rely on them

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

          You can search the forums here:

          Comment


            #80
            Originally posted by SALL View Post
            What does the agreement you signed, say about the length of notice you have to giver her to leave?

            You sure it was a lodger agreement or tenancy agreement?
            Yes, it's definitely a lodger agreement. It says that 1 month's notice must be given, but does not state that the notice has to fall on the rent payment date.

            Do I also have to give a strong reason as to why she must move out, as she's arguing that students not getting along with professionals isn't a valid reason for asking her to leave.

            Comment


              #81
              Hi ahfh1

              As long as you are living in there with shared facilities as BEl says then you can give her one month's notice in writing. If her next rent is due at start of July, you could in fact give her a notice now saying you will accept no further monies and that she must leave when the current month ends. Say nothing more, when month runs out change locks as soon as she leaves to go anywhere. Pack her stuff into her bags and when she can't get in hand her the bags.

              She may go to the police so be ready to prove to them she was a lodger, i.e have a pile of ID ready including driving license, bills etc to show you live there, show them the notice you gave her, the agreement that you had before that and they will should) then tell her to stay away and go seek legal advice if she has any other questions.

              You do not have to justify why you are evicting her at all.
              Mark Hessel

              Any comments I post are just that, comments. Every situation is unique and so you should not apply any comments I make to your situation, no matter how close they may appear to match your circumstances.

              Comment


                #82
                Resident Landlord's lodger leaving early- Notice required?

                Hi, this is my first post, i apologise if these questions have already been asked - i have searched through a few posts but just confused myself a bit more!

                I have been renting out my spare rooms, and one of my lodgers has just decided to leave after less than 1 month in the house.

                His next payment date was the 26th (next thurs), and he gave notice on the 21st (sat), that he would be leaving on the 25th (wed).

                Now, as he has only given 4 days notice, and our contract states a minimum of 1 months notice, do i then take the rest of the notice out of his deposit?

                Iv read through a few posts and one said that the notice period started on the payment date after notice was given - am i just confusing the issue or does the months notice start on the 21st or 26th?

                I have used a year fixed contract with a break clause in it,

                "Either party may at any time end this Agreement earlier than the end of the Term by giving to the other 1 months written notice to that effect and upon the expiry of said notice this Agreement shall end with no further liability for either party save for any existing breach."

                this is from Clickdocs - is it acceptable to take the cost of the contract out of the deposit as an administration fee too - as it seems like a wasted £20-odd for just one months tenancy!

                I want to be fair about everything, and want to make sure that the notice is calculated correctly for both parties, i just feel a little let down, as the lodger was in employment, yet left his job after 10 days to start his own business (also against one of the clauses in the contract)

                "The Occupier shall use the Property for residential purposes only and shall not (nor allow others to) operate a business at the property or use it for any improper, immoral or illegal purposes."

                - and i was hoping for something a little more stable!

                sorry for the long first post and all the questions, hope to hear from someone soon!

                Comment


                  #83
                  As he's a lodger the only thing you need to refer to is your contract as it doesn't come under landlord and tenant law or housing law. If he's required to give you one months notice it would be from the day he gave it surely? I don't think the "rent" day has anything to do with it unless your contract states otherwise.
                  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


                    #84
                    that was quick, thanks for that - i thought as much, but came across that somewhere and started confusing myself!

                    i shall calculate the notice from the 21st.

                    Comment


                      #85
                      Selling house with lodger in situ

                      Hi

                      I'm new to this & have (literally) inherited a problem

                      I am executing my late mother's estate on behalf of her sons & daughters; she used to let rooms out to college students as a means to pay the mortgage and we still have one gent remaining.

                      Everything cordial for first 3 months, we have operated on the basis that although none of us live there, it's our 'home' and he is a paying guest, 4-weeks notice applicable by either party, while we look to sell the property.

                      I informed him last week that we were getting close to a sale and would give him 4-weeks notice between now & mid-August.

                      We get a note in reply, telling us that we have to serve a 21-day notice, also asking that, in future, we make prior contact each time we want to visit the property.

                      It seems that he had visited Walsall Council (he has recently left college, now on JobSeekers allowance & they pay his rent) and asked if they could assist in helping him to find new accomodation, as he was about to lose his current abode.

                      They appear to have gotten entirely the wrong end of the stick and given him the advice above... not to mention a suggestion about changing the locks if we don't respect his privacy.

                      Reading between the lines, I suspect that Walsall Council will not lift a finger to help him until such time as he is served with an eviction notice ...and then if he chooses to stay put (which he thinks he is entitled to do, if he hasn't found a place by end of the notice period), then it will be my problem.

                      Can anyone advise on best steps to take to diffuse this situation, also to get Walsall Council to take some responsibility?

                      Before I speak to them, I would appreciate being informed of 'my' rights in this matter.

                      Cheers

                      Comment


                        #86
                        Council presumably think (wrongly) that he's a tenant. Try explaining to them that he's not.
                        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


                          #87
                          Jeffrey, does the fact that he has stayed in the property after the death of the original home owner make this a tenancy now?

                          If not surely the executors can change the locks and boot him out that way as a normal owner occupier would if a lodger refused to leave??
                          GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

                          Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

                          Comment


                            #88
                            [QUOTE=justaboutsane;82911]Jeffrey, does the fact that he has stayed in the property after the death of the original home owner make this a tenancy now?QUOTE]

                            Why should it? Squatter, more like!
                            '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


                              #89
                              Lodger...shall I terminate licence

                              Hi All,

                              Just looking for some advice really, got a lodger who although very pleasant is untidy and doesn't pay rent on time, when I say untidy I mean leaves plates, used cooking stuff in kitchen for days so in the end I do it, can't be arsed to empty bins or clean and rent always late ( up to a week)

                              If she hoovers her own room then leaves hoover in middle of hallway until I put it away, if she sweeps stuff up in her room will leave a pile of rubbish in the hallway outside with brush for days until I get annoyed and clear it up,if she wants to use wahing machine and my stuff is in there will put my stuff in a carrier bag and leave on floor even if wet

                              I know these are minor things and I might end up with a worse one, any advice from people who have had or have lodgers? Should I just chill out? and yes before you ask I have had words gently,

                              Comment


                                #90
                                You are resident L, and lodger also occupies. So she has no security but only a licence which is revocable by you. Really, your question is asking for practical advice rather than what the law would hold in your circumstances. The answer depends on how tolerable/intolerable you find her presence/conduct; and how much of a pain the late payments of licence fee are to you.
                                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

                                Latest Activity

                                Collapse

                                • Reply to How to evict professional tenant?
                                  by DoricPixie
                                  The tenant sounds like a delusional bampot. How is he going to afford a very expensive solicitor?

                                  Do you know if the council in which the rental property is located has landlord licensing? I’m trying to figure out where he’s getting this £30k figure from....
                                  26-06-2022, 23:40 PM
                                • How to evict professional tenant?
                                  by CharlesRiver
                                  I have a professional tenant rented my house a few years ago. The tenant relied on housing benefit to pay the rent. It was a one-year fixed term AST, and the tenant refused to leave from then and declined our access to the property for inspection for many years. He damaged the house extensively and...
                                  23-06-2022, 01:48 AM
                                • Reply to Council staying eviction needed
                                  by DoricPixie
                                  The council can’t magic up a suitable property if there are none available. Whilst being able to present as homeless on top of the health issues will give the daughter more points if there aren’t any suitable properties then your daughter is still going to be between a rock and a hard place. Presenting...
                                  26-06-2022, 23:37 PM
                                • Council staying eviction needed
                                  by lostforwords
                                  My daughter is a tenant in a house and has been for 7years without any problems for 6 of the years. Last year she had to give up working full time due to health reasons. Since then they've got worse, she suffered a blood clot which leaves her breathless and can't have oxygen as she has a gas hob. She...
                                  26-06-2022, 14:45 PM
                                • Reply to N5B Form
                                  by Truth
                                  Any tips on a good one to use?
                                  26-06-2022, 22:24 PM
                                • N5B Form
                                  by Truth
                                  Good Afternoon everyone,
                                  Its my first post on the site and probably like most first posts on here I am asking for help !
                                  Without going into too much detail my tenant has decided to stop paying his rent , after I gave him notice to leave, and ignore Section 8 and Section 21 notices sent by...
                                  24-06-2022, 13:18 PM
                                • Reply to N5B Form
                                  by Truth
                                  I think I'm going to down the housing solicitor / eviction company route.
                                  Its going to cost me but this is really bringing me down now in all honesty . I've got a daughter and Mom with very serious health issues and I need to concentrate on them rather than a jerk who's taking me for a ride !...
                                  26-06-2022, 22:23 PM
                                • Reply to Council staying eviction needed
                                  by Hudson01
                                  Could not agree more, but given the reluctance of the social sector to '' do the right thing'', we will always be in a battle to get them to house vulnerable people.

                                  What a sad state of affairs....
                                  26-06-2022, 20:13 PM
                                • Reply to Council staying eviction needed
                                  by gnvqsos
                                  The problem here is that the woman was not vulnerable and thus chose the private option. She is now in the wrong sector ,and the landlord is not trained to address such problems....
                                  26-06-2022, 20:10 PM
                                • Reply to Council staying eviction needed
                                  by Hudson01
                                  Sad to say it but i would evict them now...... it is coming our way and when it hits the reasons you have will not qualify, as i suspect many others will and only time will show them up in this forum and the wider press.

                                  Vulnerable individuals should really not be in the PRS, but due to...
                                  26-06-2022, 20:02 PM
                                Working...
                                X