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Unwanted lodger I need advice

(143 Posts)
EachandEveryone Mon 09-Sep-19 16:26:58

I wrote afew weeks ago about my lodger. I am a tenant in a 3 bedded flat I’ve lived here for 23 years in London with a rent that hardly increases. Originally three were on the contract now it’s just me. If someone moves in and wants to be here long term then they go on the contract. If not they just pay a third of the rent and leave with a months notice. I don’t make any money from this and it’s worked out well for 23 years (my own property is up north) my landlord knows and isn’t interested we don’t involve each other as I maintain the flat and she does the big jobs like new windows etc.

Someone moved in four months ago I never knew at the time she has PTSD and other MH issues she’s lived in London awhile but is from Russia. She was fine at first then she lost her job then she would scream if we shut any door no matter how quietly and she literally goes purple with rage. I asked her to leave but she put the rent in as normal so yesterday when it happened again at 2pm on a Sunday she was screaming in my flat mates face saying she’s not well and we are disrespectful I waited for it to die down and emphasised that she has to go in three weeks. And that she has no other rights.

Now she’s sent me a nicey nicey text asking me to answer these questions. I’ve enclosed it. What do you think she is up to? I don’t want to give her any details. I know she is under the new gp and is on meds but do I really need to give her this information when I’ve asked her to leave?

Foslady Mon 09-Sep-19 16:29:04

Applying for UC?

DriftingLeaves Mon 09-Sep-19 16:29:45

She's not a tenant, she's a lodger. You can tell her to go at any time.

Charlieiscool Mon 09-Sep-19 16:35:20

She hasn’t signed a contract with the landlord or anyone on his behalf so I wouldn’t respond. You certainly have no obligation to tell her what you pay.

EachandEveryone Mon 09-Sep-19 16:35:41

Nearly four weeks notice is enough isn’t it? Why does she suddenly need this information by Wednesday? I really don’t want to involve the LL. She’s really brought a bad atmosphere to the house we are all treading on eggshells.

CatToddlerUprising Mon 09-Sep-19 16:37:51

Likely wants to claim UC and will use the letter with the questions answered as a contract of sorts

ElizaDee Mon 09-Sep-19 16:39:46

maybe she's gone to the council and said you are evicting her.

FeckTheMagicDragon Mon 09-Sep-19 16:40:07

She may have either contacted Shelter (with some cockamamie story) or she’s applying for another flat and the want a reference. Ask her why she needs the details.

EachandEveryone Mon 09-Sep-19 16:41:25

I’m at work just on my break I work on a busy ward I don’t want to get into it with her on the phone.

AllFourOfThem Mon 09-Sep-19 16:42:14

You don’t need to provide the information to her. If she wants the name of the owner she can obtain it through Land Registry records and pay for it.

I would just reiterate when she needs to leave and that you will not be providing her with any further information.

WhoKnewBeefStew Mon 09-Sep-19 16:44:19

Go down the legal route and get rid of her

Windygate Mon 09-Sep-19 16:45:57

Just be honest and say she is a lodger and not a tenant

BeanBag7 Mon 09-Sep-19 16:47:47

Text back saying you arent willing to answer those questions and reminding her of the date she needs to leave by. I would also send this in a recorded letter and an email so that you have a paper trail that you have served her notice.
It doesnt sound like she is planning to leave in 3 week just like she didnt love this month. You my need to take it further.

Jessbow Mon 09-Sep-19 16:52:46

Why are you dealing with her? you just refer her to the landlord, surely?

ellendegeneres Mon 09-Sep-19 16:54:30

Just reply ‘I gave you plenty of notice that due to your behaviour you need to be out, so you’re sending this to the wrong person, it needs to go to your new address. Due to your aggressive behaviour towards us, you need to have your belongings out. Today. When your possessions have vacated I will refund you the amount of rent you have overpaid. You had notice, you chose to ignore that and attempt to continue to stay by paying another months rent, this would have been ok had you not screamed in xs face yesterday.
You are volatile and a danger to the rest of us. Please pack and get out.’

katewhinesalot Mon 09-Sep-19 16:58:10

Copy her something from google explaining lodgers non rights

Lucifer666 Mon 09-Sep-19 17:00:39

If there's no contract surely you can pack her bags and leave them on the doorstep and change your locks? Personally OP like a pp said send the notice in writting to cover yourself. Also I'd write down any incidents where she becomes aggressive and threatening towards you and the others and I'd be calling the police if she ever got in my face cos otherwise she'd be leaving in an ambulance cos I certainly wouldn't allow that. As someone with serious mental health issues myself, hers is no excuse to behave and treat people the way she has, its definitely not on to make people walk on egg shells and be scared in their home. Don't give her no info let her find it herself as another pp suggested.

FlamedToACrisp Mon 09-Sep-19 17:01:01

Agree with PPs, she's applying for benefits. I would repeat she has to leave on [date] and completely ignore any of the details requested. If challenged face to face, I'd say, "You're a lodger, not a tenant, so you don't need that information. Anyway, you're leaving on [date]."

EachandEveryone Mon 09-Sep-19 17:02:02

If you could find that link I’d appreciate it. I’m not going to involve the LL unless I absolutely have to. It’s embarrassing after all these years. I can’t believe I got her so wrong.

oldstudentmum Mon 09-Sep-19 17:05:52

I agree with phone police. She ISNT the tenant not on tenancy agreement etc . Police will remove her.

sleepingdragon Mon 09-Sep-19 17:06:03

Just to be clear, so you sublet the room to her, rather than her paying your landlord directly? Do not answer those questions, you dont want to give her any evidence she is a tenant, rather than a lodger, as this could make it difficult for you to evict her. You could give her a letter stating she is a lodger with the start and end date of the contract, and a reminder she needs to vacate on the last day.

If she is a lodger, she has as much rights to stay there as she would in a hotel. She would be trespassing once the date you have told her to leave passes, as you could get her removed by the police/by going to court. It doesn't sound like she will go easily so you probably need to prepare yourself for some problems. Fortunately as long as you can evidence she is a lodger the legal process will be straightforward.

thecatneuterer Mon 09-Sep-19 17:19:49

Of course you don't have to answer any of it. She is subletting from you and is therefore a lodger with no rights. You could ask her leave with very, very little notice (the law only says 'reasonable'). A week is certainly adequate.

You can then change the locks.

thecatneuterer Mon 09-Sep-19 17:21:12

Why are you dealing with her? you just refer her to the landlord, surely?

Because she isn't a tenant of the landlord. She is subletting from the OP and is therefore the OP's lodger.

PencilsInSpace Mon 09-Sep-19 17:38:03

You only have to give 'reasonable notice' to evict a lodger and then you can change the locks and/or get assistance from the police if you need to.

It does look like she is applying for UC. If she is successful she could claim for the rent up until the day she has to leave despite her being a lodger and not a tenant. DWP would still want that info and her landlord is whoever she pays her rent to - i.e. you.

Personally I'd just give her the info - she's unwell and she's lost her job. She'll also have to find the deposit and rent in advance for a new place so this should help her on her way. Maybe add in writing at the bottom that as discussed she is to leave the property on such and such a date.

FrogFairy Mon 09-Sep-19 17:39:27

If you have already given her a month’s notice then I would get her packed and out ASAP and refund what she has overpaid on her rent. It is only Monday so she will have chance to sort out emergency accommodation much easier than if she left on a Friday or at the weekend.

One caveat, I don’t know the legal position on the fact that you accepted her rent and whether this means that she can stay for the month.

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