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Legal, pensions and money

Lodger won't leave!!

(35 Posts)
monnydite Thu 23-May-19 00:24:00

I am posting on behalf of a friend. He has taken in a lodger a year or so ago. He gave no agreement of any kind. He took £100 as a deposit. She has lots of belongings some of which are stored in his garage. She has kind of taken over his house. She is now bringing back men to the house and saying that she has every right to do so. My friend gave her 28 days notice which ended some days ago, but she said she was unable to find anywhere else live so refused to leave. He has told her that she can stay a few weeks longer for which she has paid her rent for and then she has to leave. She has just texted him and accused him of various behaviours such as being rude and threatening to her, which he certainly hasn't been, it's actually been the other way round!! Should he give her a further written notice saying she must leave when the two week period is up. If she refuses to leave again in a few weeks when the time comes, what should my friend do to get rid of her? Should he involve a solicitor?

Buffybee Thu 23-May-19 01:05:20

Lodgers have very few Legal rights.
Your friend will have had a verbal agreement with this woman but can choose to evict her for any reason.
Your friend has already given her notice to leave but then he let her stay.
So he needs to give her another notice to leave, after the notice to leave comes to an end, if she will not move out, at this point she is trespassing and the Landlord will be able to evict her peaceably I.e. Changing the locks while she is out.
Do not threaten or use any physical force as you may be committing a criminal offence.
Under no circumstances let her back in the house, pack her room up and have it in bags at the door, to hand to her, if she causes problems, you are within your rights to call the Police.
Give her a reasonable time, say 14 days to move her property out of his garage, otherwise you will despose of it.

FlexibleFriend Thu 23-May-19 09:37:34

Exactly what Buffybee says. If he wants to he could get a solicitor to put the notice in writing stating that her refusal to leave is giving him no alternative than to evict her on such and such a date.

loopyloo Thu 23-May-19 09:44:55

You say she is bringing men back to the house? I hope your friend doesn't get accused of running a brothel. Yes , issue her with written notice to leave. Perhaps seek legal advice. Does your friend have a male friend or relative to back her up?

loopyloo Thu 23-May-19 09:46:17

Many apologies, I see the friend is male.

humptydumpty Thu 23-May-19 10:42:31

I would definitely involve a solicitor; sometimes just an official solicitor's letter does the trick, if not, the landlord will find out his legal position.

Charleygirl5 Thu 23-May-19 10:51:47

I along with others think that the cost of a solicitor's letter is well worth it. It puts this scenario on a legal footing and this minx cannot run roughshod over your friend.

glammanana Thu 23-May-19 11:59:17

I would get your friend to read the above posts and act accordingly,as Buffy states lodgers have no rights at all.can your friend not get a friend or relative toact as a go between if he finds the woman intimadating and get them to issue the new notice to leave.

Razzy Fri 24-May-19 13:52:02

I would wait until she was out and deposit her belongings on the driveway and also change the locks. There is nothing in writing, and it is your friend's home. He is entitled to evict her! It is different if there is a formal agreement or if he didn't live at the house.
I had lodgers for years and the most important thing is to have a written agreement, which includes all the little details, things that you think won't happen but could.
I did the same when I bought a horse with a friend, we had a very detailed written agreement. She ended up having some serious medical issues, her (non-horsey) partner had to deal with the situation and I was so glad we had put everything in writing, as in the end she had to sell her half. But the price and everything had been sorted out in advance in case it should ever happen (we never in a million years thought we would need that contract!).

Madgran77 Fri 24-May-19 16:37:51

I think your friend needs to be careful that he doesn't get accused of assaulting her or worse ...she sounds a nightmare!! Definitely involve a solicitor and he shouldn't try to discuss this without a witness present

BlueBelle Fri 24-May-19 16:59:48

Razzy I don’t think you can do that if she’s up to date with her rent and the original post says she has paid for a further ‘few weeks’ rent so you can’t change the licks and put her stuff out

EllanVannin Fri 24-May-19 17:10:46

An agreement of sorts should have been signed from the start otherwise there's no case to answer either way.

David0205 Fri 24-May-19 17:23:06

Lodgers can be asked to leave at any reasonable notice you do need a solicitor and if needed a court order. Do be careful to avoid any harassment or assault allegations.

phoenix Fri 24-May-19 17:54:24

monnydite any thoughts on the responses you have recieved?

M0nica Fri 24-May-19 20:02:15

Here is a link to a CAB document on this subject www.citizensadvice.org.uk/housing/renting-a-home/subletting-and-lodging/lodging/what-rights-do-lodgers-have/.

It should answer all this gentleman's queries.

In simple terms. He should give her reasonable notice, say a month and at the end of the month, if she has not moved out he can change the locks os she cannot get access. In this case he should put the contents of the room in the garage with the rest of her belongings and arrange a day for her to collect them Do not let her back into the house.

As others have advised I would have someone else present when you give her notice and when you bag up the belongings in her room and when she comes to collect her belongings.

As she is living in the house with him, she has no rights at all to stay in the house if he wants her out, subject to the notice required and entioned above. He can, if she causes any problem, call the police to evict her.

Happychops Fri 24-May-19 20:20:56

Lodgers have no rights. I rented a room as I moved to a new area with my job, I had a problem with the owner going into my room when I was out and thought I could get a lock put on the door,I checked it out on the shelter website and was suprised at how the renter has no rights. Check it out ongRental agreements for lodgers

A landlord doesn't have to provide a lodger with a written contract but it is a good idea to have one.

A contract should set out the rights and responsibilities of both you and your landlord.

Your agreement with your landlord could be:

fixed term – usually for 6 or 12 months
periodic – this means it runs from one rent period to the next, with no set date for ending
Find out more about types of renting agreements.

Deposits paid by lodgers

Your landlord might ask you to pay a deposit to cover any damage or unpaid rent. The deposit is your money and should be returned to you when you leave.

Ask your landlord for information about what deductions could be made from your deposit, for example to cover unpaid rent. Get this in writing if possible.

Ask your landlord for an inventory listing the contents and condition of your room and any rooms you share with your landlord. You and your landlord should sign the inventory to avoid disputes when you leave.

Deposits paid by lodgers are not covered by tenancy deposit protection rules.

Find out more about the return of a lodger's deposit.

Right to rent immigration checks

Before you move in as a lodger, your landlord must ask you to prove that you have the right to live in the UK and the right to rent. Your landlord is breaking the law if they don't ask for this.

Right to rent checks won't apply to you if you moved in before 1 February 2016.

Find out more about right to rent immigration checks.

Rent

Pay your rent on the day you agree with your landlord. If you have a written agreement this should tell you when you pay your rent.

Usually you have to pay your rent in advance every week or month. This means you pay for the week or month coming.

If possible, set up a standing order to pay the rent. Ask for a receipt if you pay your rent in cash.

Rent increases

During a fixed-term agreement your rent cannot be increased unless:

your agreement says how and when it can be increased
you agree to an increase
If you never had a fixed term agreement or the fixed term has ended, your landlord can increase your rent anytime.

If you don't agree to the increase your landlord can give you notice to leave.

Find out more about rent increases.

Repairs and safety in the home

Your landlord should fix any repair problems in the home and in your room. If you have a written agreement this may set out what your landlord must repair.

You'll have to fix something if you caused the damage.

Usually your landlord should make sure a Gas Safe registered engineer carries out a gas safety check every 12 months.

If your landlord is a tenant, their landlord must arrange safety checks.

When you are asked to leave

Your landlord only has to give you reasonable notice if they want you to leave.

Lodgers are excluded occupiers. This means if your landlord wants you to leave they:

only have to give you reasonable notice
do not need a court order to evict you
Find out more about the notice your landlord must give you. Hope this helps

Nanny123 Sat 25-May-19 09:26:56

Your poor friend what a nightmare for him. I hope he can get rid of her as soon as possible. She sounds like a right nasty piece of work.

Aepgirl Sat 25-May-19 09:32:23

Your friend should a solicitor - most give half an hour free advice. Maybe Citizens Advice could also help.

Bathsheba Sat 25-May-19 10:51:23

There’s been a lot of good advice here, which I can’t add to.

It would be interesting to know if any of the advice had been helpful to you (or your friend) monnydite.

Barmeyoldbat Sat 25-May-19 11:04:19

I had a lodger who wouldn't leave. So when his time was up I waited until he went out, packed all his stuff in black bags and put them outside and had the locks changed. You need to be hard and firm and good luck.

whywhywhy Sat 25-May-19 11:07:39

I think I would give her a date and say she has to be out by then. If she hasnt gone then change the locks and put her stuff in the front garden. End of. x

allsortsofbags Sat 25-May-19 11:39:53

In addition to all the good advice can your friend get another 'Female' to stay with him and his lodger until she is made to leave.

I was thinking that if there is another female in the place it will limit the lodgers ability to accuse your friend of abuse/harassment or any other such things that appear to be aimed at your friend.

In addition to the lodger eviction situation I think he needs to be mindful of her getting the police involved as she's already started to accuse him of behaviour that may cause him trouble.

To be blunt it seems to me, if I've read your post correctly, that your friend is either being Blackmailed or is being set up for being Blackmailed.

Nasty word, blackmail, and an even nastier thing to happen to anyone so I hope I'm wrong and that preemptive action isn't needed in this area and it's just about the lodgers rights or no rights and your friend getting her out. Best of luck to you and your friend.

tigger Sat 25-May-19 12:15:13

She has absolutely no legal rights. Pack her bags, leave them on the doorstep and change the locks. If the Police are called he needs to explain that she is the lodger, no contract, no anything. Nowhere to go, book into a hotel.

Chinesecrested Sat 25-May-19 16:24:53

Just pack her stuff and leave it by the gate. She's had notice, so she can go. A lodger has no rights and she's already had enough time.

maxdecatt Sat 25-May-19 16:32:25

Give written notice. and then do not refer to it again or be drawn into conversation about it. The letter must state that anything of hers left on or in your property must be removed by 12 noon on the final day. Secretly prepare yourselves with a few boxes and bin liners. Wait until she is out. Pack up her belongings....every single last item...no matter how insignificant.....taking photographsa as you do so and place the whole lot on the pavement outside the property. Cover with a plastic tarpaulin to protect against the weather...so no damage caused! Arrange for some friends to be there at the time (at least 4 of them) to back you up and wait for her to return. Ask two of them to take photographs...a video would be good....to record her reaction when she returns.Arrange that a locksmith is there at 12 noon to CHANGE THE LOCKS...including the one on the garage. If she performs and attempts to enter the property (even just stepping from the pavement onto the garden) call the police immediastely.