live in tennant/lodger not paid rent

[cluelessoncanvey]

Hi new here, new to being a landlord, been one for one month. Have a 2 bed flat and rent the smaller room out fully furnished. I have been hearing rumours throughout the month that my lodger/tenant has not been turning up at work for the last month and has now been sacked. Her rent was due yesterday but no sign of it in my account. Going to ask her for it by the beginning of next month otherwise to move out. Is there a minimum notice you have to give? Told her at the interview that you pay a month in advance and if you don't pay you are out the end of that month. Have no paperwork as my mortgage adviser informed me the mortgage lender would be ok with me renting the room out as long as their is no paperwork. The only thing I have filled out is one form for the council so that the building insurance would not be invalid (council is the freeholders).

So what are my options please?

[jpkeates]

The length of notice is normally the amount of rent paid, so if it's weekly a week, monthly a month.
However it only has to be "reasonable".

If they're not paying rent, I'd probably give them a couple of weeks notice.

[jjlandlord]

At common law, which I believe always applies, it must not just be 'reasonable' but really be one period.

[jpkeates]

If it's an excluded tenancy, that's correct.
If it's an excluded licence it just has to be "reasonable".

Maybe a month is simply more prudent in this case.
Forget my two week suggestion.

[jjlandlord]

If it's an excluded tenancy, that's correct.
If it's an excluded licence it just has to be "reasonable".

Is there such a difference?

[jpkeates]

Apparently - it threw me a bit.

[cluelessoncanvey]

Thanks so it sounds like you are better off charging rent weekly then you can ask them to leave with two weeks as opposed to a month if they haven't paid?

Anyway she hasn't been back to the flat since thursday when the rent was due, and her phone is switched off - so I have no way to get in touch with her to issue notice, will try sending a text and see if it gets through. She was told at the interview a month ago jsut before she moved in that if you don't pay you have to leave within the month. Does that cover me, I will assume it does. Her stuff is still all here so she obviously is planning on coming back at some stage, perhaps when she has the money? Or perhaps she is trying out living with her fella and is not sure whether she wants to stay yet or not?

[jpkeates]

Don't assume anything you said at the "interview" will cover you.
You need to serve notice - put something in writing under her door?

[cluelessoncanvey]

Er I can put it under her door but if she's not coming home she is not receiving it. Or does this fact not matter?

[jpkeates]

It doesn't matter, you serve notices, you can't make someone receive, read or act on them.

[cluelessoncanvey]

Thank you.

[cluelessoncanvey]

So update. Tuesday I sent her a text apologising for sending by text but was unable to get in contact with her. IN the text I informed her I wanted the rent money in full by the end of the week else I would like her to move out asap, by the end of the month at the latest.

I got home that night and she was there with her footup. She had an ambulance crew around looking at her swollen ankle, I immediately thought is it self inflicted and she's trying to sue me? So took notes/listened surreptitiously. It may jsut be a coincidence of timing, but seems to be some coincidence. When they left (she refused to go to the hospital for an x-ray, which is what they wanted) seems she had broken her ankle a year ago so it is weak, she said that she had to move out because her daughter has mental issues and tried to commit suicide, she apologised for drinking the house out of alcohol, and said she had a breakdown herself the weekend. We agreed that she would move out the next night (which was last night), I said about her ankle, she said don't worry I'm tough, I've got a high pain threshold I can handle it, she was getting her ex (where she obviously stays a lot, as she is away quite often) to pick her up around 7.30pm, I agreed to get home then with the remainder of her deposit minus a weeks rent and alochol costs.

I came home last night, she hadn't packed all her things, I had my house warming saturday and had loads of left over booze, half of it was gone and she was asleep on the sofa in front of the telly with the telly on. I proceeded to load all of the alcohol left into my car and drove it around a friends so at least today there's nothing for her to drink. She has already told me she's been sacked from her job and got no money.

I am a bit confused of whether she is a tenant or lodger, as you get conflicting advice on this one. She lives in my spare room but has full use of the house.

Popped to the cop shop as from what I see have three choices once her time is up if she is still there, a) get locks changed and throw her stuff out b) locks changed have her stuff in the hallway ready to give to her when she turns up or c) locks changed and allow her to collect her stuff under police supervision. The Police told me its a 'breach of the peace' and they'll come but they can't say when, so very hard to co-ordinate with a locksmith, although one website said this is the procedure you should follow.

Then there's the fact she is unemployed so knowing when or if she'll be out of the house to get the locks changed, could do them with her in, but that may not go down well! I suppose that is what is likely to happen if I go for option c. Let's jsut hope she goes in the next couple of days so there's no call for all this. But my colleagues are worried she is trying it on and seeing how far she can push me.

A 'friend of a friend' tells me her ex abused her and that's why she moved out. However as I mentioned earlier she has regularly been away for a night or so at a time (perhaps she jsut came home if he was getting dodgy). But its only gossip but wonder whether I should give her the info of a refuge if I can get it, don't know if that woudl go down badly or not though.

[jta]

If the period of notice you gave her has expired then change the locks as soon as she is out of the house, do not interfere with her belongings.

Do not allow her back into the house under any circumstances, not even to pack her stuff.

Ask her to bring a friend with her to do the packing and carting away. You watch to make sure none of your stuff goes in the black bags.

I'm afraid you have to be firm. We have had some reports from live in landlords that police have been called and ordered them to allow the lodger back into the house, this is beyond the remit of the police and you have every right to end her tenancy.

[mariner]

She is a lodger, so buy a door chain and fit when she goes out, so cannot re-enter, unless you let her in.
Police won't get involved unless someone fears/reports a Breach of the Peace.
Prob best if you do this on Sat/Sun.

[cluelessoncanvey]

jta,

Thankk you. I gave her til the end of the month originally so as far as I'm concerned that still stands. the first weke of next month I plan to chuck her out if she is still there. It's very confusing on the web with mixed messages, but remember was recommended to give 28 days notice, beginning of next month will be that. Hence choosing then.

Interesting advice on the Police. Also interesting you tell me not to pack her belongings, I am guessing this is incase she then claims damages? I know when I was renting the Police then told me they coudl change my locks and throw my stuff out in the street and there's nothing I could do about it (this was about 9 years ago).

I am hoping as I am off next week that she is actually willing to move out and not just saying it, as I was going to volunteer to help her pack and drive her to her place so that their is no excuses. At the moment we are getting on fine, she says I am the best bloke she has met in years and blurted out 'i love you' (she had been drinking!) yeah she came onto me the other night. Let's jsut hope it doesn't go the other way into hate!