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11:15 AM, 15th February 2016, About 8 years ago 14
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I had various dog walkers / sitters, but they kept on letting me down so I decided to rent out a room to a live in dog sitter and this worked well with a male. The male decided to leave and he gave me his notice and we’ve remained friends.
I took in a female and the rent was £180 per month of which included top Virgin package in her room, shared top virgin wifi, food, drinks etc. All I wanted was my dog let out to the garden twice a day.
First month or so was fine, but then I experienced her mood swings and lies and when I professionally confronted her, she stated she wanted to leave. We became “friends” again for a while. She then had rent issues and missed a whole month, then the next only paid half, next month also, she had to borrow it. Things become that bad I couldn’t tolerate living with her, so I started to stop at a new girl friends house more. I then decided to take in another tenant to ensure she didn’t do anything wrong with my house. I explained to the new tenant what she was like, but she felt that they would get on well.
The new tenant had a 3 month contract, for the first month or so things were going well with them. Out of the blue they both fell out, the new tenant having the same issues as me with the first tenant. The new tenant stated she wanted her out, due to the rent issues and personal issues with her, I obliged and issued an eviction notice.
Two weeks into the eviction notice and they’re friends again. The new tenant wanted a longer contract, I expressed the reason why I stated short term let was because I was thinking about selling the house, due to it being surplus to requirements. She was adamant that she loved the house and wanted to stay. I said ok and I’ll change my mortgage to a buy to let to accommodate her needs. She wanted the old tenant to stay. I stated she can have her stay, but as a lodger of hers. I then issued an assured shorthold tenancy agreement to the new tenant, with written permission to sublet a room to the old tenant. Old tenant was supposed to be paying her, not me. New tenant was supposed to issue old tenant a lodgers agreement. Old tenant failed to pay new tenant.
Lots of phone calls, emails, texts later and I had to contact the Police for harassment, I attended the Police station, not much happened. Thankfully I had everything saved on my lap top and showed them to the Police officer.
New tenant has failed to pay rent, currently 9 days behind.
New tenant wants out, I’m happy for them both to leave, but I don’t want the old tenant to remain. Due to the behavior of the new tenant, I’ve issued a section 8 notice on several grounds.
What will happen if the old tenant remains after the new tenant leaves? I want an empty house back to move back into ASAP. Am I allowed to move back into the house even if the old tenant stays? How do I evict her? Am I allowed to change the locks once the new tenant leaves?
There is lots of proof to state that I don’t want any responsibility over the old tenant and that she’ll be a lodger of the new tenant. I have stated numerous times in emails that once the new tenant leaves, the old tenant must also leave. I stated I have no verbal or written agreement with the old tenant and I wish for vacant possession.
New tenant is responsible for the bills of the house upon signing new contract.
New tenant made a complaint to the Police 12 days after me contacting them saying I’ve been harassing her, despite me not contacting her since in that time. The only time I contacted was to reply to an email stating the alarm code of which she requested. I ignored a further 3 emails from her.
Thank you
David
Mandy Thomson
19:09 PM, 15th February 2016, About 8 years ago
Reply to the comment left by "Laursen Williams" at "15/02/2016 - 18:06":
Provided the tenancy isn't within a fixed term, I would issue a section 21 notice as well, which your tenant will have no defence against provided the paperwork is in order (the form and legislation is different if the tenancy began before 1 October 2015 or whether it's periodic or fixed).
If you're not sure how to go about this, a local letting agent who belongs to a professional body such as ARLA, or your solicitor, should be able to do this for you.
It is not appropriate to issue a Section 8 or 21 on a licencee.
It seems your main problem is the lodger (assuming that is what she still is) as she appears unwilling to leave. Legally, it's your tenant who is responsible for evicting her, but it doesn't seem to me that she could be trusted to do it.
I therefore believe your main priority is to seek legal advice as to the first lodger's current occupier status, then you will know how to proceed.
19:33 PM, 15th February 2016, About 8 years ago
Than you for your help. On the section 8 I did state to lead tenant and /or any other tenant / lodger and persons name. I was hoping that would cover me.
A big problem is waiting for court dates. I don't think the lodger will leave and I'll be stuck with her. Complete mess. I'll be submitting the relevant documents to my solicitors and await their quote. Thank you again for your help.
Mandy Thomson
11:59 AM, 25th February 2016, About 8 years ago
Rather a late update to this post, but best to mention it if only for the benefit of someone seeking this information in future.
There is a government leaflet, "Rent a room in your home" https://www.gov.uk/rent-room-in-your-home/ending-a-letting. The bottom of the page deals with a change of ownership situation, where a live in landlord is moving out, but the lodger is remaining and the new owner or tenant will become the new live in landlord.
It states that provided the lodger is given 28 days notice of the change of live in landlord, and the new landlord moves in within 6 months, their status remains that of a lodger (although they have temporary tenancy rights if there is a gap between the old landlord moving out and the new one moving in).
Jan Martin
12:19 PM, 25th February 2016, About 8 years ago
Reply to the comment left by "Mandy Thomson" at "15/02/2016 - 16:42":
I can assure you Mandy that the excluded Tenancy Agreement ( lodgers agreement ) that I am speaking of does not create an assured shorthold tenancy or a non assured tenancy .
If you would like details of where you can obtain this agreement then please let me know .