Should I pay difficult lodger to leave?

Should I pay difficult lodger to leave?

9:42 AM, 1st October 2024, About 2 weeks ago 16

Text Size

Hi, my partner and I own a two-bedroom flat in Scotland and have decided to rent out one of the rooms for £550 a month (which is an excellent price for where we live). It is our first time letting a room.

So our lodger has one dog staying in our property full time, a hamster who she has moved in without permission and a son that stays on weekends. She never remembers to turn the oven off, constantly eats my food, has caused trouble with the neighbours due to parking on their drive, (we have received a strongly worded letter) doesn’t clean up after herself and doesn’t take proper care of her dog.

I have had to bathe the dog twice, once she left her dog in the house after it had rolled in fox faeces, she does not take the dog on enough walks/pee breaks leading to the dog having multiple accidents in the house, including on our speakers and remote.  I have asked her to close the door so the dog doesn’t pee in the living room with expensive equipment that my boyfriend has been saving for about 3 years to acquire, but she said “Dogs have accidents and you should have expected that, since you knew I have a dog.”

I have found multiple empty alcohol bottles that she appears to be trying to hide. She has also admitted to shoplifting numerous times while she was drunk. Also, they have caused water damage in the bathroom, warping and bubbling of floorboards due to leaving the floor wet without mopping, or even opening a window or using our dehumidifier.

I know I’m rambling so far but I’m deflated and stressed, she has threatened to sue us and bury us in legal fees, which I think is an empty threat but I am still stressed at the possibility. She has ongoing legal issues with others and she said she has a lawyer ready but she has lied before.

She says she will leave tomorrow if we give her the full month’s rent money and deposit. We typed out a contract and stupidly believed her when she said she would sign it later, so I’m not sure if there’s much I can do. Police have said that we cannot take any action to remove her without going through court which will be a long and stressful process.

I don’t think we can ever feel comfortable renting the room again. We only agreed to let her move in so quickly without signing a contract because she said she needed to escape a domestic violence situation. I don’t want to let this situation make me bitter and cold but I’m infuriated our kindness has been taken for granted. My partner only accepted her and the dog because he believed she was in danger.

Should I:

A) Give her the money so we can have peace.

OR

B) Try and fight this.

I don’t know if I can do anything and I’m so exhausted I almost feel lobotomized. Maybe I should somehow find a way to get evidence, I didn’t think it would be so difficult to remove someone from my own home so I wasn’t collecting evidence. She has just told me today that this isn’t the first time she has taken a landlord to court and won and I have noticed she has been much kinder over text than she is in person and its starting to feel like we have been conned.

It feels like an enormous injustice to pay her but I want to feel comfortable and safe in my own home. I know I have been incredibly naive and stupid but can I do anything?

Thanks,

Emily


Share This Article


Comments

Cider Drinker

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

9:51 AM, 1st October 2024, About 2 weeks ago

Just giver her notice to leave.

Normally, you’d give notice equivalent to one rent period. So, that’s a month’s notice if she lays rent monthly.

L Bennett

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

9:54 AM, 1st October 2024, About 2 weeks ago

Please tell her to leave the animals with you as she is not fit to be an owner.

Ross Tulloch

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

10:22 AM, 1st October 2024, About 2 weeks ago

To me, it’s absolutely clear I would buy her out to get her out instantly. If it’s only going to cost you, two months rent that sounds good. I’ve done it before and it always works sadly.

Jim K

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

10:34 AM, 1st October 2024, About 2 weeks ago

Not sure about Scotland however.
If Engkand and it appears she lives in 'sharing a major facility such as kitchen or bathroom' then, she basically has no rights.
She is not on a protected tenancy.
A couple of days notice us sufficient

GlanACC

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

10:55 AM, 1st October 2024, About 2 weeks ago

From the official government website -

Your lodger's tenancy type

The way you share your home with a lodger affects what kind of tenancy they have. This in turn affects their rights and how you can end the tenancy.

Your lodger is an excluded occupier
Your lodger is likely to be an excluded occupier if -

they live in your home
you or a member of your family share a kitchen, bathroom or living room with them
In this case, you only have to give them ‘reasonable notice’ to end the letting - and you will not have to go to court to evict them.

Reasonable notice usually means the length of the rental payment period. For example, if rent is paid monthly, you should give one month’s notice.

Your lodger has basic protection
Your lodger is likely to be an occupier with basic protection if: -

they live in your home
they do not share any living space with you or your family
If your lodger will not leave when you ask them, you’ll need to get a court order to evict them.

Morag

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:01 AM, 1st October 2024, About 2 weeks ago

https://scotland.shelter.org.uk/housing_advice/eviction/resident_landlord

This is a link to Shelter's advice to tenants being evicted, in Scotland. Although their aim is always to help tenants avoid eviction however justified, lodgers don't have nearly as many rights as tenants, and you should give her 28 days notice to leave, in writing, after which you don't require to go to court, and the Police can be asked to expel her if she doesn't leave. Under no circumstances should you reward this disrespectful entitled fraudster by paying her to leave. Check the Scottish Government website as well as Citizens Advice, just to make sure you do everything by the book, but she needs to leave your home ASAP.

Judith Wordsworth

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:17 AM, 1st October 2024, About 2 weeks ago

Reply to the comment left by Ross Tulloch at 01/10/2024 - 10:22
A lodger agreement is not the same as an AST.
Only need 1 months notice, end of.
No going to court etc etc

Steve Rose

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:55 AM, 1st October 2024, About 2 weeks ago

Most people are suggesting the notice periods either for 'normal' termination of a lodger agreement or that for a tenancy. Neither is applicable in this case.
One of these two is:
"If you’re experiencing a serious dispute with your lodger, which involves violence, or you believe there is an imminent threat of violence, you should contact the police and the lodger agreement should end immediately. If your lodger refuses to leave, the police should assist." I'm pretty certain a (recorded) heated discussion with her would provide evidence of a potential threat.
"Depending on how inappropriate your lodger’s behavior has been, depending on how serious the matter, you can still serve notice with 24hrs to a week’s notice. Make sure you always serve a written notice though, explaining your reasons for the short notice. Keep a copy for your own records, and make sure both are dated and signed"
https://www.lodgerguide.co.uk/evicting-a-problematic-lodger/
"Immediate" means "Immediate". You can wait until they have gone to the shops and change the lock. When they return you can either hand them any belongings or leave them on the street. You do not have the responsibilities that a landlord has.
If you evicted her before her current rental period had ended, personally I would refund the outstanding amount. If you can justify keeping the deposit to cover damage, then do so.
Bear in mind that of you have given her an agreement, it doesn't matter if she didn't sign it, it only matters whether you signed it: she can sign it and backdate her signature whenever she wants. However, as a lodger living in your own home, the top two paragraphs are deemed to trump any legal agreement. No-one can be made to feel unsafe in their own home.

Steve Rose

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

12:09 PM, 1st October 2024, About 2 weeks ago

Reply to the comment left by Steve Rose at 01/10/2024 - 11:55
Apologies, I missed the bit where you said you were in Scotland.
Under Scottish law, yes, you will need a court order unless she agrees to leave, and the "immediate" eviction route could see you prosecuted.
So yes, pay her to leave.

Adrian Jones

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

12:13 PM, 1st October 2024, About 2 weeks ago

You have my sympathy Emily.

Whilst it is tempting to pay her off, what if her new Landlord seeks a reference from you?

Good luck.

1 2

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Automated Assistant Read More