My rights to evict a lodger?

by Readers Question

11:55 AM, 25th June 2014
About 6 years ago

My rights to evict a lodger?

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My rights to evict a lodger?

My rights to evict a lodger?I have a lodger who has been in arrears almost from the start, he now owes a months rent though he did pay a deposit of £150. He refuses to leave, saying he has nowhere else to go.

I first gave him notice to leave on March 15th but he cajoled me into verbally agreeing to extend hi occupancy as he promised to get a job. Since then I have given him notice of various times, one or two weeks; in my opinion the first letter still stands for him to leave in April. All other letters to quit are either laughed at or thrown in the bin.

He throws empty cider bottles behind the furniture, threw up in my kitchen sink, seems to have no intention of finding work and tells me I can’t be hard up for his rent if I can buy plants for the garden.

I have changed the locks but am afraid of doing anything illegal in evicting him. I don’t want him to profit from me so I need to know my rights.

He has had 4 letters to quit, can I legally exclude him from my house?

Vivien


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Comments

Mandy Thomson

15:22 PM, 29th June 2014
About 6 years ago

Reply to the comment left by "Vivien Gudgeon" at "29/06/2014 - 15:04":

Assuming he is on a means tested benefit, owns no property and has savings under £8,000, he MIGHT be entitled to Legal Aid. However, even if he is, if he believes he has such an entitlement, WHY hasn't he tried to sue you already? If he had, the court should have served notice on you.

I believe the chances of him trying to sue you are extremely remote, and his chances of winning even remoter. You could counter claim for the rent you're owed and any damage - worse case scenario, the claims would cancel each other out.

If you're especially worried at the moment, I would advise you to gather up all your documents relating to the let to this person (lodger agreement, notice letters) and some proof that you're the householder plus proof of ID, then go down to your local police station and explain this situation to the duty officer. Make it clear the man was a lodger, a licensee, a bit like a hotel guest NOT a tenant (you could print off this thread and ask him to read it), that he has long outstayed his notice, he is trespassing and you want him OUT.

He is trying this on with you because he knows he can.
Good luck.

Vivien Gudgeon

15:27 PM, 29th June 2014
About 6 years ago

Reply to the comment left by "Mandy Thomson" at "29/06/2014 - 15:22":

Thank you, sadly there is no duty officer in Ringwood but I'll find someone. He does try it on because he thinks I'm a mug. When I get angry he calls Jekyll and Hyde. I live alone so I suppose he thinks he can stay if he pleases, the poor old ' widow woman' can't do anything! I can!
Vivien

Mandy Thomson

15:33 PM, 29th June 2014
About 6 years ago

Try calling 101 (but calm down and think through the main points first) - if he overhears the conversation, it might give him pause for thought...

Vivien Gudgeon

19:21 PM, 29th June 2014
About 6 years ago

My daughter is going to try and exclude him in the morning as he knows I have a hospital appointment and will feel safe leaving to go and buy his cigs and booze. Wish us luck!
Vivien

Mandy Thomson

11:08 AM, 30th June 2014
About 6 years ago

Hi Vivian

Best of luck with this, and your hospital appointment (this can't be great for your health...).

Let us know how it goes.

Mandy

Vivien Gudgeon

15:27 PM, 30th June 2014
About 6 years ago

Hospital appointment great, all clear on the lungs!
HOORAY! He's gone, my daughter managed to coax him out with promises of B&B, which I have paid for. As soon as he was out the door I locked them all. She took him also to his doctor who has arranged a rehab programme for him and also booked him in at a homeless shelter after tonight.
She told me that he'd taken a length or rope to the room and was thinking about hanging himself in my loft! He really needs therapy, it's very sad but I cannot help him any more;.
I have been in the room; he has turned a pretty little bedroom into a slum. He has been sleeping on the bare mattress, which I shall have to pay for to be professionally cleaned and the pillows I will throw away. there were large plastic cider bottles all over the place, I don't know but I believe they are full of urine. Many of my glasses were there and a milk jug used as an ashtray (even though I had given him 4 ashtrays) plus many more horrors. With all this, I don't think I need be concerned about law suits.
I shall be very worried for some time lest he comes back in somehow but for now, I'm drinking a large glass of champagne! Thank goodness for clever daughters!
Thanks for all your help.
Vivien

Mandy Thomson

15:59 PM, 30th June 2014
About 6 years ago

Hi Vivien

That's really good news - more than generous of you to pay for bed and breakfast, but perhaps best under the circumstances and it did help get rid of him...

As landlords, we're often accused of being uncaring and out for our own interests, but your actions, and that of the lady who had the "spiderman" tenant (post published on Property Tribes) who, like your lodger, was suffering from a severe mental illness, goes to show that there are plenty of landlords who not only care, but actually go beyond what would be expected to help vulnerable tenants. Being a landlord (whether a live in one or not) can be an extremely stressful occupation, for several reasons.

I wish you the best of luck for the future, whether you let your room again or not, but if you do, please be very careful about who you pick, and don't be afraid to run thorough tenant checks - google "how to avoid a terrible lodger".

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