Lodger moving out without notice

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    Lodger moving out without notice

    Hi, looking for some advice. My lodger has lived with me for 3 years, since October her boyfriend has been staying 6 nights a week. I spoke to her about it in November & she said she would “bear it in mind”.
    I have now asked her to move out. She asked what her notice period was & I said 4 weeks but she can have up to 6 if she needs it.
    She found somewhere a week later & said she would be moving out by the end of that week. She is now refusing to pay to the end of her notice period.
    Unfortunately I don’t have a written agreement as I thought we were friends.
    i want to take the remaining rent out of her deposit but she wants to dispute it.
    Do I have a leg to stand on with no written agreement?
    Thanks

    #2
    I'd want them out immediately, 4 more weeks - no!

    With no written agreement doubt any judge would find for you
    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


      #3
      Even with a written agreement, a lodger can be evicted with no notice at all (regardless of the agreement notice terms) if they are in fundamental breach of the agreement -- such as not paying rent. So if rent is not paid, it would be good-bye the next day -- lock them out, change the locks and pass their possessions out through the window. If they attempt to enter call the police.

      Having said that -- it seems that the tenant wants to go and YOU are wanting to charge rent beyond their stay because of arbitrary notice you are imposing in the absence of a written agreement. You can't do that..... however if you do have a written agreement that says she cannot leave without X notice, it would be reasonable.

      Comment


        #4
        Something ill-conceived in the spam trap as others have pointed out. My perfectly ordinary response (that I edited twice) was abolished as spam...... (after the third innocuous spelling edit).

        Comment


          #5
          In Scotland a lodger is a common law tenant and a resident landlord can only evict if tenants don;t agree to go by getting a Sheriff Court Decree. Frankly I'd fall over myself agreeing to their going ASAP to avoid a Sheriff court hearing.

          https://scotland.shelter.org.uk/get_...on_law_tenants
          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


            #6
            Ahhh.. I missed the Scottish bit in my (spam trapped) response.....
            Why on earth would anyone take on a lodger in Scotland if they have to get a court degree to eject a malign abusive person from their own home? Good grief -- legislators haven't a friggin clue (nor any basic human compassion or sense). Strange how all the bad stuff starts in Scotland -- just winding you up Art -- I lived in the deepest Highlands for 7 years around 1990 - but really Scotland seems to be doing a lot of foot shooting these days.

            I suspect it must be pretty hard to find lodgings in Scotland? Or else only find lodgings with complete idiots.

            Comment


              #7
              Think almost all resident landlords and most lodgers don't understand court requirement.

              Some things (IMHO) re LL/T law are better in Scotland than Engerland, some v v.

              Which bit of the Highlands Sandy? My properties are in Lochaber...
              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 theartfullodger View Post
                Think almost all resident landlords and most lodgers don't understand court requirement.
                Some things (IMHO) re LL/T law are better in Scotland than Engerland, some v v.
                Which bit of the Highlands Sandy? My properties are in Lochaber...
                About 100 miles north east of that. But that would be around 3 hours by car - so about as long as it takes me to drive from London to Leeds.

                Guess it depends on the definition of "better" -- mine would involve less bloody interference, meddling, nannying and pseudo-protection (that actually protects a few and harms many).

                Actually the only reason I ended up being a landlord at all is that I moved to Scotland. The difference in law made it near-impossible to sell my property here and buy one in Scotland (risk of getting gazumped in England while having a committed Scottish purchase). So I got permission from the building society to let out the one in England to resolve the dilemma.

                Comment


                  #9
                  1. You want your lodger out.
                  2. You have had 3 years of rent.
                  3. Give the deposit back, less for any damge, and JOB DONE

                  But no, you want MORE rent even though you want your tenant OUT.
                  Go to number 1, and repeat.

                  Comment


                    #10
                    Thanks for all the conflicting info! Citizens Advice agree that a common law tenant needs to give reasonable notice which is 28 days.
                    Also, I haven’t “evicted” her as such, my circumstances have changed & I explained this to her & she had no problem at all & asked again what her notice period was & agreed to it but soon as she found a new place that was available straight away decided she didn’t have to give any.

                    Comment


                      #11
                      I say again, you want the lodger to leave,
                      You MUST have the lodger leave.
                      You must have her boyfriend leave also.
                      she is leaving.

                      You have achieved your objective.

                      If she loses the new place because you demand rent according to your verbal agreements, she will not leave.

                      You want her to leave.
                      Let her leave when she wants to, then she has gone ( give back deposit )
                      Then you have achieved your objective.

                      Stop being a money grabber, and get rid of her..


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