Serious problems getting lodger to leave.

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    Serious problems getting lodger to leave.

    Hi guys

    Just found this forum and my goodness its a relief..

    My problem is i rented a room to a couple (east European) and after a couple of months decided it wasnt going to work..they argue most of the time and its upsetting for me and my children.

    I gave them verbal notice of 6 weeks as we was told after they took the room the lady was 8 weeks pregnant..six weeks pass and i ask why they haven't made arrangements to leave and they say becuase the council haven't housed them (Unbelievable attitude).

    So as im a soft sod i gave them an extra 4 weeks notice but this time in writing..they agreed they would go,now the four weeks is about to expire and today ive asked what day they will be leaving (notice falls on a weekend) and the male said "we go when were ready..you cant make us go"..!

    They supposedly was told by the council as the lady is pregnant the council can force me to allow them to stay..even if they don't pay..the council will force me.

    Now whilst i was discussing with the couple about leaving the male has threaten to get "something" (Said in polish the name so i don't know what it was) and it would sort me/the situation out (My witness said the male was using it as intimidation and was a direct threat,that's exactly what my feelings were as well.).

    Ive phoned the council they have said they wouldn't have said that they can force me to allow the couple to stay,as they cannot by law.

    Explained this to the couple and still im given an attitude..i can honestly see come the weekend them refusing to leave and quite possibly the male getting violent..or at the very least nasty repercussions.

    Im now actually feeling physicaly sick with worry as i have a wife and two young children in the house..and it seems im not the master of my own home.

    How do i stand legaly and will the police help..or do i have to wait for im beaten up or my wife scared out of her mind before they will help.

    Just tto clarify..lodger doesnt have an agreemnet,that was verbal..and has no depoist.

    Any advice would be very welcome...im well aware ive been an idiot renting the room,just not sure how to resolve this matter.

    Many thanks in advance.

    #2
    You may find this helpful http://tenancyanswers.ucoz.com/index...occupiers/0-38 and the website www.lodgerlandlord.co.uk is an invaluable resource.

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      #3
      To clarify - you rented out a room in your own house where you reside, no deposit or agreement.

      Is rent weekly or monthly?



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

      Comment


        #4
        Originally posted by Interlaken View Post
        To clarify - you rented out a room in your own house where you reside, no deposit or agreement.

        Is rent weekly or monthly?
        It needs no clarification. You have given generous notice to your lodgers already.

        They are refusing to leave, enlist the police to stand by and ensure they leave peaceably, change the lock barrel as soon as they are out. Either make sure they remove all belongings when they go or have them bagged up for collection. Under no circumstances allow them back through the door once they have been ejected.
        I offer no guarantee that anything I say is correct. wysiwyg

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          #5
          If the lodgers are living with you in your home, then you don't need a court order to evict them, and they have very little rights of tenure. Their legal status is that of 'excluded occupiers'.

          All you need do is give them 'reasonable' notice (which you've already done), and, if they don't go, you are legally entitled to change the locks next time they go out, and refuse to give them access. If you suspect that the male may cause a breach of the peace, then inform the police in advance and ask them to attend (explain the previous intimidating behaviour); if they won't attend, call them if the male becomes violent/threatening etc having found he is unable to access the property.

          Once you've changed the locks, under no circumstance allow them to regain access (e.g. claiming they have to pick up their belongings). Box up the belongings in readiness, and take them outside if the lodger demands them (make sure the door is locked behind you when you go outside). If they do not take their belongings at the time you evict them, then you have a duty to look after the belongings meanwhile. See http://www.landlordzone.co.uk/uncollected_goods.htm

          Comment


            #6
            There's an echo in here.
            I offer no guarantee that anything I say is correct. wysiwyg

            Comment


              #7
              Completely agree with above posters...

              In your shoes I would speak to Police beforehand, probably confirming in writing, what the situation is & what you will be doing (in case they are called ..)

              Ditto Council housing department - who they may well end up involving later..

              If possible have a witness with you if there are any discussion, arguements or when they pick their property up.

              Good luck!!
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                Originally posted by Interlaken View Post
                To clarify - you rented out a room in your own house where you reside, no deposit or agreement.

                Is rent weekly or monthly?
                Monthly and no depoist and only a verbal agreemnet,as in your elcome to stay with us and if either want to leave or we ask you to leave we will give you a months notice.

                The male is simply of the attitude F you mate im comfy with cheap rent im staying put..and then open threatened me in front of a third party.

                Thanks for the advice its great..and very good point about speaking/written letter to them before hand so they are aware of the situation.

                My friend who was with me earlier is pretty sure im going to get a good hiding of the guy or possibly one of his friends (friends an ex doorman so says he has met his type many times)if not at the time they leave then a later date...now thats really helped..not.

                Try and help someone and they throw it back in your face (Possibly quite literaly).

                Once again..Huge thanks for advice.

                Comment


                  #9
                  when you change the locks invite all your mates round for an afternoon watching the footy or similar so that when they come back there are lots of you to avoid any confrontation! Safety in numbers. You do not want to face this guy alone - plus the fact you will have loads of witnesses when he threatens to come back and get you (as he will, hoping to scare you into letting him back in). Good luck - you don't deserve this
                  Unshackled by the chains of idle vanity, A modest manatee, that's me

                  Comment


                    #10
                    Well heres a twist..they have now said they have found a flat,i assume this evening but cannot move for two weeks.
                    Im aware it could be a story just to get another couple of weeks breathing space,but it could also be true.
                    Would it be wise to allow the extra 2 weeks extension and hope they are truthfull and if not simply evict them in two weeks as i would this coming weekend.

                    Or evict as planned and see if matey kicks off...must say im tempted to allow the 2 week extrension.

                    Any advice...?

                    Comment


                      #11
                      Evict as planned - they could say anything You obviously owe them no favours.

                      Comment


                        #12
                        Originally posted by Room_Renter View Post
                        Or evict as planned and see if matey kicks off...must say im tempted to allow the 2 week extrension.

                        Any advice...?
                        You've given six weeks notice, then you gave another four weeks on top of that, both times ignored. Personally, I wouldn't fall for the latest story, but more to the point I wouldn't put up with an aggressive, intimidating lodger in my home for a further two hours, let alone two weeks.

                        Up to you, but you said you're 'physically sick with worry'. Why put yourself and your family through a further two weeks of this? I think the only reason you're 'tempted' is to avoid confrontation.

                        Nobody likes confrontation, but it sounds like it's going to be inevitable with these lodgers. They've already ignored two notices to quit. They will ignore a third notice, if they think you'll let them get away with it.

                        In the end, what's likely to happen if you say okay to another two weeks, is that the lodger will produce yet another excuse why he can't move out immediately after the two weeks have passed. So you'll be in exactly the same position as you are now.

                        Comment


                          #13
                          Originally posted by Room_Renter View Post
                          Well heres a twist..they have now said they have found a flat
                          And it's not a 'twist', it's just the latest excuse.

                          Comment


                            #14
                            I would evict
                            Unshackled by the chains of idle vanity, A modest manatee, that's me

                            Comment


                              #15
                              Ask for paperwork regarding their new flat.
                              If it checks out, I would let them stay.
                              Allow tenants to protect their own deposits. I want free money when they do it wrong

                              Comment

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