Lodger left owing rent & taking stuff from house

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

    Lodger left owing rent & taking stuff from house

    We have a boarder/lodger who lives with us but not paying any rent. If we take her to court, where do we stand legally? Any comments most helpful.

    #2
    She has no rights other than any that you granted to her by contract.
    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


      #3
      Originally posted by Richarddavid View Post
      We have a boarder/lodger who lives with us but not paying any rent. If we take her to court, where do we stand legally? Any comments most helpful.
      If you allowed her to stay there provided she gave you money, but no written contract, apart from maybe a short not to say she would pay you £ x for the ability to lodge there, she has no rights, and you tell her to leave, immediately.

      Change the locks when she is out, Get all her belongings into plastic bin bags, behind the door, and do not let her in, and pass belongings out to her. ( Telling her beforehand, that if rent not paid in full by Friday -- or whatever, She will be leaving that day )

      She Has no rights as a lodger.

      I assume she is Not paying rent, as opposed to can't afford it this month ?

      Comment


        #4
        Originally posted by ram View Post
        I assume she is Not paying rent, as opposed to can't afford it this month ?
        The other possibility, of course, is that she has been allowed to live there rent free. From the information given, we cannot tell.

        OP does not say why he is contemplating taking her to court.
        '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


          #5
          Presuming this person moved into the property as a 'rent paying' lodger, then the law requires you to give 'reasonable notice'. I am not sure that the 'couple of days' that I interpret RAM's post as suggesting is sufficient.

          Maybe "if you don't pay your rent on Friday, you'll be leaving on Wednesday" might be a little more 'reasonable' in view of the circumstances but even then I'm not sure it's enough.

          Any references to lodgers having 'no rights' is totally wrong. They do have some limited rights in law but they can also be granted rights in their oral or written contract.

          Comment


            #6
            Originally posted by Snorkerz View Post
            They do have some limited rights in law but they can also be granted rights in their oral or written contract.
            A tenant has certain rights under an oral AST, for example security of tenure for the fixed term. Which rights (or law) are you refering to for an oral lodger's agreement, and how would this be proven in Court?
            The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

            Comment


              #7
              Originally posted by tom999 View Post
              A tenant has certain rights under an oral AST, for example security of tenure for the fixed term. Which rights (law) are you refering to for an oral lodger's agreement, and how would this be proven in Court?
              An oral lodgers agreement could specify landlords notice periods in excess of "reasonable notice" - or tenants notice of less. As to how would it be proven in court - well, the same as any 'oral' agreement - with great difficulty.

              Comment


                #8
                Lodger not paying rent

                Thanks for replies. She moved in October last year and paid her rent but then started missing the odd week here and there. Can we serve her with a summons to get our £800 pounds back? She is off on a vacation but has her stuff still in our house so legally we cannot re-let the room, or can we? When she does return and collects her belongings and then leaves with no forwarding address, can we serve papers at her mother's address as a point of contact. She's not going to tell us where she lives is she?

                Comment


                  #9
                  Originally posted by Snorkerz View Post
                  An oral lodgers agreement could specify landlords notice periods in excess of "reasonable notice" - or tenants notice of less. As to how would it be proven in court - well, the same as any 'oral' agreement - with great difficulty.
                  An oral lodger's agreement may 'claim' many things, e.g. a fixed period of 2 years -but I do not believe that this would give the lodger security of occupation. However, an oral AST would give a tenant security of tenure as this agreement is covered by the Housing Act 1988 (as amended).

                  For a written lodger's agreement, the notice period for lodgers could be 28 days, ending at the end of a rental period, but there is no minimum (or maximum) length prescribed by law.

                  If there is no written lodger's agreement, then for practical purposes, there cannot be any 'reasonable notice' periods (if there is any law that states otherwise, please quote it). If a lodger (with no written agreement) became violent, then the LL may end this occupation with very little or no notice given.


                  Originally posted by Richarddavid View Post
                  Can we serve her with a summons to get our £800 pounds back?
                  You can make a claim via the small claims track, online: MCOL.

                  Originally posted by Richarddavid View Post
                  She is off on a vacation but has her stuff still in our house so legally we cannot re-let the room, or can we?
                  Was there a written lodger's agreement? If so, what did it say about notice periods and re-letting?

                  Originally posted by Richarddavid View Post
                  When she does return and collects her belongings and then leaves with no forwarding address, can we serve papers at her mother's address as a point of contact.
                  Serve a written letter before action to the property address (last known address), giving the defendant 14 days to reply; keep proof of postage.
                  The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                  Comment


                    #10
                    But where the landlord is resident the 1988 HA does not apply (see shedule 1) so the contract oral or not cannot be an AST

                    It sounds like the OP has not been sensible to allow so much debt to build, not sure just how productive court action would be

                    Comment


                      #11
                      Lodger Issues

                      Originally posted by ram View Post

                      Change the locks when she is out, Get all her belongings into plastic bin bags, behind the door, and do not let her in, and pass belongings out to her. ( Telling her beforehand, that if rent not paid in full by Friday -- or whatever, She will be leaving that day )



                      The above seems to indicate why most landlords are hated by most people!

                      IE

                      Comment


                        #12
                        Originally posted by Ian1000evans View Post
                        The above seems to indicate why most landlords are hated by most people!
                        This thread concerns a lodger who is living in the landlord's home, and is therefore excluded from the protection from eviction rights enjoyed by other tenants with non-resident landlords. The lodger also owes the landlord £800 in unpaid rent.

                        In the circumstances, the landlord is legally entitled to give 'reasonable' notice to the lodger, and then to change the locks, as advised by ram.

                        If you think the law is unfair, and that resident landlords should be forced to endure the presence, in their own home, of non-paying lodgers for months on end, then by all means say so, but I suggest you provide some supporting arguments (ideally explaining how you'd love to have a non-paying lodger you couldn't get rid of living with you) rather than merely making vacuous remarks.

                        Comment


                          #13
                          Originally posted by Ian1000evans View Post
                          The above seems to indicate why most landlords are hated by most people!

                          IE
                          The other problem is she owes £ 800, and original problem is :-

                          "When she does return and collects her belongings and then leaves with no forwarding address, can we serve papers at her mother's address as a point of contact. She's not going to tell us where she lives, is she?"


                          Richarddavid has to find out where she works, or follow her to her next address, -- THEN he can issue court proceedings to reclaim the money, if there is no forwarding address.
                          • She has enough money to go on holiday, but not enough to pay the rent !
                          • She is not paying rent, so she CAN go on holiday !
                          And you want landlords on here to say it's alright for Landlords to pay for the Lodgers holiday ? ( use rent money for holidays )

                          I would not say to change the locks if it was an AST and exclusive use by Tenant, by the way.

                          R.a.M.

                          Comment


                            #14
                            Lodger left owing rent & taking stuff from house

                            We had a lodger in our house for 9 months and she left at end of July owing us £165 in rent. She agreed with us that the sum of £165 was outstanding in rent and that would be paid within a week of her departure. However no money has been received and after emails, texts and a letter we have heard absolutely nothing back from her.

                            We did say we would take court action (small claims in County Court) if no money was received by 31 August, but even that didn't get a response from her.

                            Does the law treat lodgers differently as they are living as part of the landlords household. She stayed with us for around 9 months, but it was only a verbal contract as there was no AST agreement drawn up.

                            Obviously now she has no intention of paying this money and I can only guess that trying to get the money back through the Courts in London would take forever to actually get to court and in that time, she could quite easily move on from her current flat. We have an address of the current flat and the landlord too.

                            We really don't like the idea of her getting away with the rental money and there is also the matter of certain items taken from our house that she has not returned. She had no permission to take these items. Now I am thinking about getting the Police involved and report this matter to them as stolen goods and hopefully bring charges against her.

                            Would certainly appreciate all comments from members please.

                            Comment


                              #15
                              Lodgers are 'excluded occupiers' and not the same as tenants - for example, they would never have an assured shorthold tenancy.

                              Sue using www.moneyclaim.gov.uk if you think she has assets or money to settle such a claim. I presume you have (or can get) her bank details?

                              Report the theft to the police.

                              Comment

                              Latest Activity

                              Collapse

                              • Reply to Flat rental bathroom query
                                by Landyman
                                Are you saying that the toilet and basin are out in the open, adjacent to the kitchen? Or are they in a separate room?

                                Does the room have a window? Or a fan ventilator?

                                It's had to visualise exactly what you mean. Could you sketch a simple floorplan and upload that here p...
                                16-01-2022, 23:47 PM
                              • Flat rental bathroom query
                                by NewGuyOne
                                Hello,

                                A rented flat with a toilet (of course) and basin next to the kitchen, and a bedroom with a quite small en suite - shower/basin/rail for towel ... Is this acceptable in a flat - with no additional separate bathroom?

                                Flat consists of 1 bedroom en suite, hallway, lounge,...
                                16-01-2022, 20:13 PM
                              • Reply to Problems with tenant getting work done and not paying me rent
                                by axil23
                                Thank you Lawcruncher.

                                Just so I am not reading the lease wrong. Executed as a deed means that it has to say that and be witnessed by a 3rd party right?...
                                16-01-2022, 23:23 PM
                              • Problems with tenant getting work done and not paying me rent
                                by axil23
                                I have rented my house to a {name removed} who use it to house Asylum seekers from a govt contract. In June the flat roof developed a leak and they asked me to fix it which I did the next day. 6 months later I get a bill for £1900 for scaffolding, asbestos survey, party wall agreement & for some...
                                13-01-2022, 12:05 PM
                              • surrender of lease charges
                                by jshire
                                Hi,
                                I'm trying to assist a family member who is in the process of surrendering a lease on a shared flat (all tenants moving out). The landlord agreed as the reasons were reasonable. He's sent an email stating that there will be costs that the tenants have to meet, charged by the letting agent...
                                16-01-2022, 20:49 PM
                              • Reply to Gas certificate fail
                                by MdeB
                                But if you had a valid certificate when the tenancy started but failed to give it to the tenant, then I believe that providing them with a current certificate before serving S21 will be OK....
                                16-01-2022, 20:30 PM
                              • Gas certificate fail
                                by ReginaPhalangi
                                We've been renting out our property since 2017 and now have given notice to our tenants to leave. However we have just realised that we have failed to get a gas certificate during their tenancy. Is it possible to get the gas certificate now? Would we need to give notice again after we issue the gas...
                                15-01-2022, 20:05 PM
                              • Reply to No Tenancy agreement
                                by MdeB
                                There are a number (of the order of 20) of grounds under which possession can be sought. See the Housing Act 1988.



                                The claim is for the period for which they were paying rent whilst there was no required licence in place, up to a maximum of 12 months. Getting a licence ends...
                                16-01-2022, 19:32 PM
                              • Reply to No Tenancy agreement
                                by MdeB
                                That depends on when the tenancy started.


                                Or, possibly, the one in place when it is given to the tenant. The regulations are ambiguous...
                                16-01-2022, 19:18 PM
                              • Reply to Wales: New Legislation – your roles and responsibilities
                                by steaming
                                4. Antisocial behaviour…..a fair and consistent approach to everyone. No. 4 is then not mentioned in the extended information (click link). Surely this needs explaining in detail or, maybe, they haven’t actually thought further that the nine words used. No surprise.
                                16-01-2022, 19:17 PM
                              Working...
                              X