Subtenant refuses to leave

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    Subtenant refuses to leave

    Hello Everyone

    We are a couple with a 3 years old boy. We are renting form ou landlord a 3 bedroom house and garden by the river. We are paying 1100.
    We decided in July to sublet one bedroom withou telling the landlord (big mistake). It is a nice double bedroom. The lady came to visit and we asked her to pay 300 per month + 2 weeks deposit. She begged us to leave it to 250 as she is a part time student and part time worker. We acceped and made it to 250.
    I gave her a 6 month contract beginning 5t of July and ending 5 january. On the contract it states rent payable one month in advance and all details about the rent.We all signed the contract and kept a copy. We had a first argument in Sepember when she told me on th 5th of September that her rent due the same day cant be paid as she only get paid every 4 weeks. I tried to explain her that the rent has to be paid one month in advance and it is on the contract. She wouldn' listen. My husband talked to her and mentionnned that she needs to keep the money and pay on th due date (every 5th the month) She finally accepted. Yesterday i was to an appointment with my child and received a text from her saying "none f the sockets are working, my tops are not ironed and i have to go to work". I replied sayng "So, is it my fault, did i damage the sockets"? She replied saying" you are so rude and out of place, did i say you damage he sockts, there is no need to be impolite" I replied saying" we will talk when we ge home"
    At around 10pm she came in the house and said: "rude, rude, rude". i did not replied. then she got upset and gave me all the bad names you can imagine. I told her: "you want to argue and i dont have time for that. so stop calling me names" she couldn't listen. i said : " you started it. If you called me or send me a message saying there is a problem with a socket and i dont know what to do, i would have replied the way you wanted. Bt if you send me text wihout hello and telling me your tops are not ironed, like it is my fault if sockets are not working you get what you have to get. I respct my husband and he respects me so if you wan to stay in this house yo need to be respectful. and she said: F... You! then i said ok. i am giving you one month notice as stated on the contrac so you have one month to leave. She said: there is nothing you can do as you ae subletting. So i will do whatever i want in this house and i wont get evicted! then she bang the door. I found a note on the table this morning saying: Sorry but my rent will be late because i wont get paid till the 25th of november.
    This is the problem i have with this lady! Any advice will be appreciated.
    Thank you all and sorry for the long post.

    #2
    As you seem to be a resident L, she is either a lodger (not a tenant at all) or else a tenant at common law only. Either way, she does not have statutory protection from the Housing Act 1988. You can end her occupation when her six-month let ends or in accordance with any earlier termination rights reserved in the Letting Agreement that you granted.
    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 ndawamy View Post
      i am giving you one month notice as stated on the contrac so you have one month to leave. She said: there is nothing you can do as you ae subletting. So i will do whatever i want in this house and i wont get evicted!
      If she doesn't leave at the end of the notice, you are legally entitled to change the locks when she is out, and not allow her back in. NB You cannot physically throw her out. If she leaves any belongings behind, you have a duty to look after them, and allow her to collect them (take them outside, do not allow her to come inside to collect them).

      See this link for more advice on how to evict lodgers.
      http://www.lodgerlandlord.co.uk/2010...r-who-wont-go/

      Comment


        #4
        Hello

        Thank you very much for your replies.We just want her to leave the property as we can't get along. Should we give her a 30 days notice letter in case she denies that we ask her to leave.
        I really did not want to go at this level with her but she does not listen. As i dont swear on people, i cannot accept when people swear at me. I haven been raised in that manner. I am french and she is from Jamaica.
        What about the rent? If she does not want to pay the last month for example. We only have her 2 weeks deposit (120).
        What should i tell her tonight to end the argument? My husband is at his annual conference and is coming back only tomorrow.
        Thank you for our help

        Comment


          #5
          What does your agreement say re: non payment of rent?
          [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

          Comment


            #6
            Originally posted by ndawamy View Post
            Should we give her a 30 days notice letter in case she denies that we ask her to leave.
            That's a good idea - keep a copy of the letter. You would actually be entitled to give her less notice because of her abusive behaviour towards you. You do not have to tolerate this in your own home, and the law recognizes that, so I would add something in the letter warning her that the notice period will be reduced if she is abusive again.

            Comment


              #7
              Hi
              The agreement says nothing about non payment of rent. It only states rent details payable in advance, our details, hers, ect...
              Thanks

              Comment


                #8
                @ Westminste. Seriously, we have been very nice with this person. She is 34 but acts like a teenager. She does not clean, she does not do nothing in the house and i dont complain. But this time, she went too far. This is like a nighmare.

                Comment


                  #9
                  Originally posted by ndawamy View Post
                  The agreement says nothing about non payment of rent. It only states rent details payable in advance, our details, hers, eTC.
                  Are you sure- what sort of rubbish Letting Agreement are you using, then, and why?
                  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


                    #10
                    Rubbish agreement??? No need to be that ARSH.... WHY CAN'T YOU JUST ASKED QUESTIONS POLITELY??? Anyway, thank you everyone, (except you of course) to reply. She left 2 days ago. Thank you very much for your help!

                    Comment


                      #11
                      Eh? You use a defective Agreement and then blame me?
                      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


                        #12
                        thus is life, Jeffrey, thus is life
                        Arsh, I know
                        Unshackled by the chains of idle vanity, A modest manatee, that's me

                        Comment


                          #13
                          Threads that are more suitable for a social worker to handle are best left for them.
                          Natural selection is a wonderful thing
                          You shall know them by their fruit
                          Saying "Never say never", says it

                          Comment


                            #14
                            Surely OP has received all the relevant advice she needs, already in westminster's post #3?
                            '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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