Sublet tenant with no agreement, no payment and false claims!

by Readers Question

12:58 PM, 28th July 2016
About 2 years ago

Sublet tenant with no agreement, no payment and false claims!

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Sublet tenant with no agreement, no payment and false claims!

We have someone in our home whom we have sublet a room to. She screams day and night, she hasn’t signed the agreement which she promised to do as she entered the home and she doesn’t pay the rent.psycho

Recently she has filed a case on one of our friends who also stays here, on molestation charges.

That case has proved to be a false acclaim, because she could not provide evidence. She now harasses everyone in the home, verbally abuses everyone.

How can we evict her out of the home?

There is no agreement!

Many thanks

Siri



Comments

Neil Patterson

13:04 PM, 28th July 2016
About 2 years ago

Hi Siri

I am not sure where to even start with this one.

She sounds more like a home invader than a tenant!

As you used the term sublet and not lodger can I assume you are renting the property and have you told the landlord yet?

Sri Vadana

13:36 PM, 28th July 2016
About 2 years ago

Yes we are renting this property for a period of an year and the landlod knows this.
But to our bad luck, he is out of country. Been to native and will not be here till other 2-3 months. No phone contacts too.

Sharon Betton

14:14 PM, 28th July 2016
About 2 years ago

Reply to the comment left by "Sri Vadana" at "28/07/2016 - 13:36":

Not sure how much good it wll do with such an unreasonable sub-tenant, but first things first:
Write her a letter asking her to vacate within a specified period, say 1 week. If she's still there, then she is there without your permission, and therefore, an illegal occupant. Serve her a 28 day notice to quit. If she's still there at the end of it, then go for a court order. This will unfortunately cost a few hundred, but its' the only way to do it, legally.
If you sub-let again, always get an agreement signed before the keys are given.

Bill O'Dell

14:17 PM, 28th July 2016
About 2 years ago

Surely if there is no agreement, and this is your home, you have the right to fill a suitcase and put it on the front lawn and change the locks? She isn't a sub-tenant merely a visitor as far as you are concerned. The only contract in place is yours with the landlord and providing you are meeting the terms of that lease, she is an invader. I'd just get rid.
Maybe I'm wrong. Someone will say !

Mandy Thomson

16:23 PM, 28th July 2016
About 2 years ago

Reply to the comment left by "Sharon Betton" at "28/07/2016 - 14:14":

Unless this person has her own cooking and washing facilities, as someone letting a room in someone else's home, it is most likely that she isn't a tenant at all, but a lodger (a licensee). If that is the case, no court order is necessary to enforce eviction.

In most cases, a lodger is entitled to a month's notice, but if Sri can produce evidence of the lodger's unreasonable behaviour, she would be well within her rights to evict much sooner - she would be within her rights anyway, but given the lodger has a history of vexatious court claims, she might want to play safe rather than have the hassle of a court case - though I don't think it would get very far in any case.

@Sri, please Google "lodger notice periods" and come back if you have any further questions.

Should you decide to get another lodger, please reference them thoroughly first!


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