How do I get my lodger to leave?

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    How do I get my lodger to leave?

    dear all
    I am a flat owner and I rent out a spare room in my flat. I have NO written agreement with the lodgers, and no deposit. I am there on and off as I travel for work, but it is my main residence.

    The female tenant has lodged with me since early 2009 and has always paid rent monthly on time by standing order and been a good lodger.

    The problem started in late 2009 when her boyfriend moved in at her request. I verbally negotiated with him that he would pay me £300 a month in addition to what she already paid. He has been nothing but a PROBLEM. basically he has only paid me £600 in 18 months.

    There have been extenuating circumstances that led me to be understanding and lenient but I have had enough.

    Firstly...he had 2 operations that took 12 weeks to recover from.( He paid NO RENT as he had no money and couldn't work) Then in a the middle of a freelance project he ended up in prison.( he says wrongfully as he didn't get legal advise to plead 'not guilty' to assault as it was self defence...so he pled GUILTY and was imprisoned for 3 months). so another 3 months NO RENT!

    In jan this year he decided to claim housing benefit. He claims he has had nothing but problems with the benefit office...and so far I have had only one £300 payment in april. They should be paying him every month and also paying him the backdated amount to beginning of december ...but so far I havn't had any of this.

    Also he 'falsified ' a tenancy agreement in order to claim housing benefit and forged my signature! I only have his 'word' for any of the claim details eg. he says HB is paying him £300 a month but I don't know what he put on the claim form ...or what they are actually paying him.

    His current reason for non payment is that his bank account has been frozen. I am currently in USA on a job and he is not replying to my e-mails demanding that he pays the outstanding may and june amounts immediately! I have phoned my female lodger who says she is passing the messages on to him...but still NO RESPONSE. I suspect he has fed me a pack of lies...and quite posiibly is deceiving her too ...though she would never believe this.

    Can I recover the missing HB from the HB office? I ahve seen posts that suggest I can contact them directly and get the money paid to me directly. It ahs been since jan 1st ...so more than 8 weeks!

    Can I attempt to claim the full rent arrears which is about £4,000 9 He currently has no job)

    If I want him to leave when I return what do I have to do? Can I just ask him to leave? Can he refuse? If he does refuse can I call the police?

    or should I just change the locks and then organize with him/her to collect their stuff?

    I don't think she will want to stay if he is forced to leave! and I am concerned that IF i let her stay she will let him in anyway even if i have expressly asked him to stay away. As I am away often this will be hard to monitor/enforce

    What should I do. Please advise.

    Thanks
    lady lotus flower
    Last edited by ladylotusflower; 03-06-2011, 21:38 PM. Reason: spelling corrections!

    #2
    I haven't read your posting in full as it's too long but lodgers have no security of occupation and you can ask them to leave at anytime, unless you have a written agreement to the contrary. They have no 'tenancy' rights as such under the Housing Acts 1988 & 1996.

    There are any number of posts on this subject so look at 'similar threads' at the bottom of this page for more options.
    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.

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      #3
      Originally posted by ladylotusflower View Post
      I am a flat owner and I rent out a spare room in my flat. I have NO written agreement with the lodgers, and no deposit. I am there on and off as I travel for work, but it is my main residence.

      I am currently in USA on a job.
      When you are away, how long are you gone for? Where do you live when you are away?

      Comment


        #4
        I have written this eb page regarding evicting lodgers, I hope you find it useful. http://tenancyanswers.ucoz.com/index...occupiers/0-38

        With regard to unpaid rent and housing benefit.

        You can ask the housing department to pay to you any housing benefit that has not already been paid directly to the lodger. You can not ask them for money that they have already paid once to him and he has not passed on. They won't pay twice!

        However, you can consider if the lodger has sufficient money to pay you (blood/stone). If he has, then you could consider suing him and getting a court order that he pays you back. Now having a court order saying you are owed £2k or hatever is fine - but getting £2k out of someone on benefits is not going to be easy, indeed is rarely possible.

        Comment


          #5
          Hi Mrs Mug

          I work as a TV director so generally I am in a hotel. I am currently in a hotel in Arizona and get back to my flat mentioned in post on 17th June.

          It is sporadic and varies. I can be away for 2 weeks then back for 2 weeks etc. It s my main reidence so I am registered to vote there etc.

          LLF

          Comment


            #6
            Sorry, I don't know the answer to your question about HB (perahps post it separately in the HB forum a bit further down the forums page?). However...in a nutshell, if you are a resident LL (which you seem to be), these people are your lodgers and they have few rights. You can ask them to leave with the notice period equivalent to the rent frequency - in your case, one month., or less if you feel they pose a threat to your safety or wellbeing. If they do not go willingly, you can wait until they go out and change the locks. Keep their possessions safely and contact them to arrange collection. (You cannot just dispose of them). This fact sheet may help : http://www.landlordzone.co.uk/uncollected_goods.htm

            Try to keep things calm and orderly but don't let them dictate terms. It's your home and your property. Good luck - hope it goes well.

            PS Please don't post the same thread twice. It leads to great confusion and duplication of effort on our part!
            '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


              #7
              Originally posted by ladylotusflower View Post
              I am in a hotel.

              I can be away for 2 weeks then back for 2 weeks etc.
              That's ok then, they are definitely lodgers.

              Some people think they can go travelling for 2 years, and as long as they have a bedroom at the house, then they do not have tenants.

              Comment


                #8
                Hi Mind the gap

                Sorry for posting same thread twice...was a complete accident due my not being used to this site and how it worked...and not knowing/using forums in general. It took me ages to work out how to even ask a question /start a thread!
                Is there a way I can delete the duplicate one ?

                I just phoned Housing Benefit. The protocol is that I would have to go into the office or send them proof that the lodger was 8 weeks in arrears. Then they would send HIM a letter asking him wether he was happy that from now on the amount be paid direct to me! They would not be able to discuss the details of his claim with me due to data protection.

                So ...if he then writes to them saying NO he is not happy for it to be paid directly to me ...nothing changes. He gets to keep whatever they pay him and just not pay it to me.

                They also said he would not have been able to claim without a tenancy agreement signed by both himself and me ...and I know that he forged this document and my signature! Not sure what I should do about that...use it as leverage with him that I could go and tell the HB office that he forged it?!

                Thanks for all the advice, I will ask him to leave and see what happens and IF there is resistance serve him with a written notice to quit with a witness present.

                Comment


                  #9
                  You are also able, if you wish, to just change the locks and deny him access. Then pack up his belongings and give them to him at the door. do not allow him back in to collect them.
                  I offer no guarantee that anything I say is correct. wysiwyg

                  Comment


                    #10
                    Dearest Snorkerz

                    Flattered as I am by your quoting me in such big writing on my specialist subject of rotting goldfish, I was rather alarmed by the way you've presented the quotation and my name. It makes it look as if I get fungus on my nose and take ages to die, or as if it's a barbed comment aimed at me!

                    Is there anything that could be done about that...pretty please?!

                    mtg
                    '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


                      #11
                      Originally posted by mind the gap View Post
                      Dearest Snorkerz

                      Flattered as I am by your quoting me in such big writing on my specialist subject of rotting goldfish, I was rather alarmed by the way you've presented the quotation and my name. It makes it look as if I get fungus on my nose and take ages to die, or as if it's a barbed comment aimed at me!

                      Is there anything that could be done about that...pretty please?!

                      mtg
                      Think of it as a homage to your current series of signature strips. My knowledge of world literature is somewhat limited, but my knowledge of LLZ knows no bounds.

                      Anyhow, I thought large type was against the rules for signature strips - you'll get an infraction (and even that special cream won't get rid of it).

                      I promise MTG, I will find an alternative and change it this evening - though I can't promise I won't be quoting you again!

                      Comment


                        #12
                        Aaaaawwwhhhhh...I'm touched! (Well, that's what a lot of people think, anyway).

                        Your new one is much more profound, though. Are you culturing yourself?
                        '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


                          #13
                          Thank You!

                          Dear All
                          thanks for all your help! They left voluntarily on Sunday without any hassle. However, i did find out from housing benefit that he had lied about how much he was paying me and over claiming by 300% so they have stopped his payments and are now after him for fraud!

                          ladylotusflower xxx

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