Dilemma over roommate - really need some help

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    Dilemma over roommate - really need some help

    Hi first time user here so hope it all goes in the right place.

    Long story short bought a house a couple of years ago and rented out one room for the last two years. Went fine got on really well with roommate but she left two months ago. 6 weeks ago got a new roommate her rent was due on the 9th June (we agreed on her paying by standing order) rent didnt come in. Its now 18th June, not long i know, but i keep getting all sorts of excuses as to why the standing order has not gone through. I have a horrible gut feeling that she is not going to pay and for the last week she has been avoiding me. She knows i go away to the states for a month next week and i just have a feeling that she will try and time me out until im away as she knows i cant do too much about it while im away. I am having nightmares that when i come home there will be nothing left in my house. To cut to the chase legally where do i stand on if i want to get her out. I live in the house permanently we share all amenities. I know that maybe im jumping the gun but call it womens intuition that this is not quite right.

    Any help would be hugely appreciated

    Thankyou Jenny

    #2
    She's your lodger. Give her notice as per your agreement, if you have one.

    Comment


      #3
      If you don't have an agreement and she is just a lodger change the locks and put her stuff outside and tell her where it is.



      Freedom at the point of zero............

      Comment


        #4
        We have no paper agreement, i have a vague nagging thing that says i should give her a chance, however the bigger nagging thing tells me she is talking rubbish. I just want to stay on the right side of the law

        Comment


          #5
          Originally posted by Interlaken View Post
          If you don't have an agreement and she is just a lodger change the locks and put her stuff outside and tell her where it is.
          I am inclined to agree. And get the police to check the property while you are away for unauthorised intruders.

          Originally posted by jamaica View Post
          I just want to stay on the right side of the law
          Law only says you have to give reasonable notice. It might be nice to give longer, but the practicalities don't allow that.

          Comment


            #6
            The occupier's status is that of an excluded occupier or lodger; this means you can evict her by giving 'reasonable' notice, then, if she doesn't go or refuses to go, you can change the locks. (You can't just throw out her belongings if she leaves anything behind, though, nor can you physically evict her).

            You will ask, what is reasonable notice? A month would be reasonable if rent is paid monthly, but, in the circumstances (i.e. rent unpaid), I'd give her a week's notice to go, just before you go to the USA.

            See also
            http://england.shelter.org.uk/get_ad...uded_occupiers

            Comment


              #7
              Thankyou for the replies. I think even if i give her a weeks notice she is probably going to ignore it as i was an idiot telling her i was going away in the first place. My main worry was that if i take drastic action and change the locks i would get sued in some way and just worried im not going to be there to sort the fall out if she is somehow allowed back in. Was very naive after having a great lodger before i thought it would all be the same straight forwardness.

              If i were to change the locks is there a specific time limit as to when she can come and retrieve all of her belongings and can i even hold them for any time (booked this holiday 7 months ago and was looking forward to it but am now wishing i was not going)

              Comment


                #8
                Depending on how much property she has is it an option to pay to put it into storage for a month and give her the access code or key?

                This way you can give her notice to move out and alleviate the issue for her to house her belongings. She will then only need to find accommodation and pay for this and from what you say she can do this with the rent she has not paid to you.

                Once she is out and her property is out you can change the locks as discussed.

                pm
                Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

                Comment


                  #9
                  Originally posted by jamaica View Post
                  My main worry was that if i take drastic action and change the locks i would get sued in some way
                  The law is very clear that if the LL is resident then the LL doesn't need a court order to evict. You won't get into trouble.

                  and just worried im not going to be there to sort the fall out if she is somehow allowed back in.
                  Who do you think is going to 'allow' the lodger back in? If you're worried she'll break in, get a friend/neighbour to keep an eye on the property and report anything suspicious to the police. And/or get an alarm fitted.

                  Was very naive after having a great lodger before i thought it would all be the same straight forwardness.
                  You might find this website helpful
                  http://www.lodgerlandlord.co.uk/

                  If i were to change the locks is there a specific time limit as to when she can come and retrieve all of her belongings and can i even hold them for any time
                  See
                  http://www.landlordzone.co.uk/uncollected_goods.htm

                  Comment


                    #10
                    Originally posted by jamaica View Post
                    Thankyou for the replies. I think even if i give her a weeks notice she is probably going to ignore it as i was an idiot telling her i was going away in the first place. My main worry was that if i take drastic action and change the locks i would get sued in some way and just worried im not going to be there to sort the fall out if she is somehow allowed back in. Was very naive after having a great lodger before i thought it would all be the same straight forwardness.

                    If i were to change the locks is there a specific time limit as to when she can come and retrieve all of her belongings and can i even hold them for any time (booked this holiday 7 months ago and was looking forward to it but am now wishing i was not going)
                    I think you're overcomplicating this and your lodger is praying on this.

                    You need to take control of the situation; it's your place and she's a guest. Tell her that in in order to stay up until period X she must pay you amount Y by date Z. Explain to her if that doesn't happen she and her stuff will be leaving your place on date Z, by any means necessary.

                    Change the lock barrel when she's gone.

                    Comment


                      #11
                      Ask to see her bank statement that shows she has the money to pay you.
                      If she has, tell her to withdraw the money and pay.
                      If she claims the S.O is set up, and she will end up paying you twice because it's too late to cancel the S.O payment, get her to phone her bank in your presence, and give you authorisation to speak to them about the S.O that was set up.

                      If she can do neither of these things, tell her to leave your house(give as much notice as possibe, but due to your holiday, it is restricted(but this will be reasonable)), and make sure that she takes everything with her.

                      Change the locks, and ask someone to pop in to check the house every now and then whilst you are away.
                      Allow tenants to protect their own deposits. I want free money when they do it wrong

                      Comment

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