Refusing to leave...

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    #1

    Refusing to leave...

    I wonder if someone can possibly help me resolve this rather upsetting matter...

    I am a tenant in a property where I lived with my ex. When he moved out, a friend of a friend moved in, and to cut a long story story short, it has got unbearable at home. I now rarely stay there apart from to pick up a change of clothes.

    The estate agents were made aware of the new lodger moving in and issued new contracts with him involved, which he has subsequently refused to sign. After an altication, he declared he was moving out. I then made steps to find another housemate. Once I told him this, I asked if we could sort something out in a month or so (very nicely as he scares the h*ll out of me), and he said 'I'll tell you when I'm moving out, not the other way round'.

    I am now risk of losing the potential lodger, as he could potentially hang around for months. I have spoken to the estate agents who have said that although he is in breach of contract as he is living there as an unauthorised lodger, we legally have very little rights.

    I am not sure what I can do... is there anyway at all I can issue him with notice to leave? This is my home and I'm too worried to even go back there.

    Please help.
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    #2
    Unless a formal surrender was agreed between you and LL when your ex partner left, and a new contract issued, then I would assume the old contract is still valid. This means that you and your ex are still liable for the rent at least until the end of the fixed term (has that passed yet or not?)

    If the new occupant is indeed a lodger, then the estate agents are talking nonsense, becasue lodgers without contracts can be evicted fairly quickly and with a minimum of formality.

    However, I will leave it to better legal brains than mine to establish whether, in the circumstances described, new occupant is a lodger, or is in fact a tenant with an orally-granted AST.
    '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

      #3
      Help123: when did the original AST's fixed term begin and for how long was it to run? Our advice will depend on whether it's still running.
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      Comment

        #4
        In addition to the other comments...did he give a reason why he didnt sign?

        Ad when he moved in, was it with a view that he would be your lodger or was it agreed that he would be co-tenant eventually.
        All posts in good faith, but do not rely on them

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        Comment

          #5
          Reply

          Hello all,


          Thank you all for your posts... I'm hoping that with your help we can get somewhere with this.

          The orginal AST commenced January 2009 and was for a period of 6 months. After that, it was agreed with the estate agents and myself that we would go onto a rolling month to month, which was fine by me.

          The new tenant/lodger (I dont know which is the correct term) moved in in August. At first, he didn't want to go on a contract, but then due to work reasons (he's a police officer) he needed to have something legal so that he would get his rent allowance. After a lot of faffing on his side, and begrudging by myself as I didn't really want him on a contract with me, a new contract was drawn up. I thought this was initially going to be a continuation of the existing contract with his name replacing my ex's, but was then informed this had to be a new 6 month contract.

          So, he first didn't want any contractual involvement, then he demanded that he go onto a contract so that he could get his allowance from the police, and he is now refusing to sign the contract as he 'does not want to get tied in'. I was concerned that with this new contract not being signed I would have nothing covering me as far as my tenancy was concerned, but I have been told by the estate agents that this means that the old month to month contract with me and my ex on is still in play.

          With this in mind, is there anyway that the estate agents can tell him he has to leave?

          Comment

            #6
            He is your Lodger and has no relationship with the Estate agent therefore only you can tell him to leave.

            Give him a time limit and if he is not gone then bag his stuff up and change the locks.

            Usually I would say call the Police,.... but his mates may be on his side.. right or wrong.
            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

              #7
              Get him out!

              I would agree with justaboutsane (does this make me insane), the relationship is with you and him, not him and the letting agent. I believe he would be what is known as an excluded occupier and therefore have only basic protection rights.

              You only have to provide him with reasonable notice, which could be as little as 24 hrs. The notice doesn’t have to be in writing, although if you are being nice you could put it in writing. If after the 24hrs he has not gone, then change the locks and pack up his stuff, you have a legal right to do this. What is he going to do force his way back in? he is a Police Officer so I doubt it. If you do change the locks make the agents aware of this (they don’t have to be given a set of keys though). If you are uneasy about changing the locks then the only option is to apply for a court order to get him out!

              Good luck.

              Comment

                #8
                Is this right - can I legally just pack his bags and get him out??

                Comment

                  #9
                  Originally posted by Help123 View Post
                  Is this right - can I legally just pack his bags and get him out??
                  Yes, just give him reasonable notice first, 1-2 days is enough if he is being threatening or violent. Then, on the day he's meant to go, change the locks and if he hasn't moved his stuff out, do it yourself. Get a male friend to come with you so you have a witness/help if there's any trouble.

                  Tell the agent what you're planning to do, just in case this man suddenly decides he wants to sign the tenancy agreement. Under no circumstances allow the agent to put this man on the tenancy agreement - if that happened, you'd be joint tenants and stuck with him for the whole 6 months fixed term.

                  (BTW, keep the old lock/keys and replace the old lock when you eventually end the tenancy, as these are the landlord's property).

                  Comment

                    #10
                    Best practice is to get a court order, however you don't need this in order to legally evict him so just do it. Just be careful about packing up his stuff, as he might do you for interfering with his possessions etc. It is a good idea to have a witness as westminster advises.

                    You have every right to do this after the notice term expires so don't worry, just be brave and do it and get him out your hair for good.

                    Comment

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