Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To finally evict my lodger, even though she will end up homelss

612 replies

Throwawaytheatre · 24/02/2020 02:08

Hi all,

Posting more for advice, but a little bit of aibu too...

Currently lying awake with worry and anxiety despite having to be up for work in less than four hours.

I’ve posted about my lodger before. She’s an old friend of mine and things started well. However; the past few months have been hard work. The first issue I had with her was when she had her partner at the time stay over. I told her I didn’t want men I didn’t know in the house and her partner in particular made me very uncomfortable. She had him stay over anyway and then after I had a chat with her to let her know how this made me feel, she had him over till one in the morning about a month ago.

She has since broken up with him, and this evening went on a date with a man she met online. She does not know this man at all and he is in his 30s (we are both 20s). She then brought him home and woke me up by having very loud sex. I have been unable to fall back asleep as I have been quite anxious about having a strange man she’s known for a few hours in the house. He could be anyone for all I know.

Just before Xmas she quit her job as she couldn’t hack doing nights anymore. She is now on UC; and is behind on rent. Our agreement says rent is weekly but she pays monthly in arrears if you see what I mean? She missed the Jan payment and has told me she will be unable to pay any extra this month (so assuming she pays be next week as normal she will still be four weeks behind ifyswim?) - I will add she always seems to have money for tobacco but that’s by-the-by I suppose.

As she is not working she has the heating on all day and my last gas bill was over £100.

The main reason I want to end the agreement is because she obviously doesn’t respect that this is my home and property and doesn’t respect that I don’t want strange men in it! However, I wonder if I would be better off making the arrears the “official” reason?

Do I have to give her a months notice or just a week - the agreement is weekly rent (in writing) but as I say she pays monthly.

The only thing is if I evicted her, she would have no where to go; she has no family local apart from her mum and the whole reason she ended up here is cos her mum threw her out. But I can’t keep living like this!

Thanks.

OP posts:
messolini9 · 24/02/2020 16:08

OP doesn't have the right to throw the lodgers stuff into the garden and/or change the locks.
Absolutely no right to do anything with the lodger's property - but of course she can change her own locks! She can do anything she wishes to her own property, which the lodger has no rights or say over.

She has to give reasonable notice and if she destroys the property she could probably be sued.
She doesn't have to give any notice. She can come home tonight & turf the CF out instantly if she wishes to. No rent has been paid since December, & the lodger has not only reneged on a signed agreement not to bring visitors round, she is arguing the toss about it.

I would lob her out tonight - in fact it probably would have been this morning, along with her recently encountered beau. I would not trust her to be left alone in my property now, given her behaviour & attitude.

woodchuck99 · 24/02/2020 16:10

woodchuck99 yes she can change the locks. this woman is barely a lodger based on what shes paying, OP can do what she wants. sadly, you're correct about the property but she can box it/bag it up and move elsewhere as long as its kept safe

No she has to give her reasonable notice. She can't her throughout tonight and change the locks.

woodchuck99 · 24/02/2020 16:10

She can't her throughout tonight and change the locks. She can't throw her out tonight and change the locks.

woodchuck99 · 24/02/2020 16:12

She doesn't have to give any notice. She can come home tonight & turf the CF out instantly if she wishes to. No rent has been paid since December, & the lodger has not only reneged on a signed agreement not to bring visitors round, she is arguing the toss about it.

That doesn't mean she doesn't have to give any notice! If you are a tenant you wouldn't expect your landlord to be able to throw you out without any notice. And while a lodger doesn't have the same rights as a tenant that doesn't mean they have absolutely no rights.

notasportymum · 24/02/2020 16:14

no woodchuck CF isn't a tenant. She's barely a lodger, more a freeloading sofa surfer. You can tell someone to leave your house for any reason at any time with no notice. RTFT.

notasportymum · 24/02/2020 16:16

and the OP can change the locks to her own home any time she likes, too.

WhiteBadger · 24/02/2020 16:17

She's not a friend. When you come home from work today, ask her to pack up and leave tonight!!

She can go to her mum's overnight.

Why the hell should you be unsafe in your own home.l?

Change the locks too. You have no idea who that randomer was last night!!

I'm so angry on your behalf!

woodchuck99 · 24/02/2020 16:19

She's barely a lodger, more a freeloading sofa surfer. You can tell someone to leave your house for any reason at any time with no notice. RTFT.

I have read the thread. They have a written agreement which states the rent is weekly and presumably she has paid it in the past The fact that she is now behind means she has broken the agreement doesn't mean that she doesn't count as a lodger and doesn't have to be given reasonable notice.

woodchuck99 · 24/02/2020 16:21

and the OP can change the locks to her own home any time she likes, too.

Yes but she can't change them tonight unless she gives the lodger a key. That is my point.

messolini9 · 24/02/2020 16:22

If you are a tenant you wouldn't expect your landlord to be able to throw you out without any notice.
CF isn't a tenant.

And while a lodger doesn't have the same rights as a tenant that doesn't mean they have absolutely no rights.
CF is no longer a lodger.
She hasn't paid since December, & has broken the written agreement not to bring random men back overnight.
In this situation - she has no rights.

WhiteBadger · 24/02/2020 16:23

Bloody hell OP don't give her month!!

Why????

Give her a week at the most!!

You give her a month, she'll talk you round and she'll still be there next year!!

This isn't a house share? It's your home, she's an entitled cow, get her the fuck out your home ASAP.

I've got rid of Lodgers at 1am in the morning before. Not my problem. If they're a twat and I feel unsafe in my home. THEY ARE OUT

And bringing random men to my home... fuck that!!

SilkCottonTree · 24/02/2020 16:24

woodchuck99 Of course she can change the locks in her own home, and remove the lodger's stuff from her house if she refuses to leave. We sought legal advice when we had a problematic lodger, and it is perfectly fine to do those things. Also 'reasonable notice' is open to interpretation, I would say a few hours if fine once the trust between the two parties has broken down, but the OP is suggesting a week which is very fair.. Besides, the OPs lodger hasn't paid rent since Christmas so they have broken any agreement that was in place already, so are only still there because of the OP's good nature.

messolini9 · 24/02/2020 16:25

Yes but she can't change them tonight unless she gives the lodger a key. That is my point.

Of course she can.
There is no law that says you have to continue to have someone live in the home which you occupy, when they are paying no rent & have broken their written agreement with you.

OP can install a replica Fort Knox in front of her door if she wishes.
CF has no say in it.

milveycrohn · 24/02/2020 16:29

If she is a lodger in your house, then you do not have to give a reason. Just give her reasonable time to quit.

notasportymum · 24/02/2020 16:29

good link wood, but CF has violated the terms of her stay without the agreement of the OP and has ceased to pay. Payment of the 'rental period' is a month overdue so can be argued that is her notice period, and as mentioned in your link she's been offered the chance to discuss but has refused. The OP has already done what is expected in your link and would not now be unreasonable to change the locks.

woodchuck99 · 24/02/2020 16:31

CF is no longer a lodger.
She hasn't paid since December, & has broken the written agreement not to bring random men back overnight.
In this situation - she has no rights.

If a tenant doesn't pay their rent they are still a tenant and while the landlord can evict them they have to follow the usual eviction procedure. I appreciate this person is lodger rather than a tenant but the same rule applies unless there is a law I don't know about which states otherwise i.e. they would have to be treated the same as a lodger that has paid their rent and given reasonable notice.

notasportymum · 24/02/2020 16:31

oh and reasonable notice is open to interpretation. 2 hours is reasonable if that's
how long it takes to box up your stuff.

woodchuck99 · 24/02/2020 16:33

good link wood, but CF has violated the terms of her stay without the agreement of the OP and has ceased to pay.

Which means she has good reason to evict her. There is nothing to say in the link that she no longer counts as a lodger if she's behind on her rent.

notasportymum · 24/02/2020 16:33

SHE'S NOT A TENANT.

bloody hell.

the landlord and tenant act does not apply to visitors and houseguests. And CF is no longer paying to stay so that's essentially what she is.

notasportymum · 24/02/2020 16:35

of course she doesn't count as a lodger if she's ceased to pay for the room. Lodgers pay for their room. This one is sofa surfing.

woodchuck99 · 24/02/2020 16:38

the landlord and tenant act does not apply to visitors and houseguests. And CF is no longer paying to stay so that's essentially what she is.

No she is essentially a lodger who has not paid her rent recently and therefore has broken the contract and owes OP money. Good reason to evict her but it does not change her status as a lodger. She therefore needs to be treated as a lodger and given reasonable notice.

SchadenfreudePersonified · 24/02/2020 16:38

pay for a few nights in a Travelodge for her.

Bollocks to that!

Damn right, "Bollocks to that!

She's got herself into this mess - she can get herself out! OP is not responsible for the well-being of another adult to whom she is not related.

dognamedspot · 24/02/2020 16:39

Woodchuck you don't know what you're talking about.

Fedupofdoingit · 24/02/2020 16:44

Sadly I think Woodchuck99 is right. You can’t just put someone out without any notice, even if they have broken the agreement. The law is there to protect both the op and her ‘lodger’, therefore no matter how much you would like to just get rid, you have to give notice. Not saying I agree with this, in op’s situation, but better to do things reasonably and legally.