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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:
woodchuck99 · 24/02/2020 21:59

good at understanding (excuse typos. I use dictation software)

billybagpuss · 24/02/2020 22:00

Hope alls gone well

AnyFucker · 24/02/2020 22:03

Now seems like a good time to post this

AnotherEmma · 24/02/2020 22:03

Someone already did

flower1994 · 24/02/2020 22:06

woodchuck99 no it definitley makes no sense

MrsElijahMikaelson1 · 24/02/2020 22:09
Flowers
Stompythedinosaur · 24/02/2020 22:36

I hope the conversation goes as well as it can.

I think you are doing the right thing.

fedup21 · 24/02/2020 22:39

What did she say when you gave her notice, @Throwawaytheatre

JudyCoolibar · 24/02/2020 22:39

Unless the law has changed since I was a landlord, that's not correct. You still have to give notice and can't throw them out that night as suggested by some posters.

As people keep pointing out, Woodchuck, the law relating to landlords and tenants is totally irrelevant.

It is noticeable that the links you post nowhere cite any statute or case law to support their advice.

OP isn't necessarily dependent on the police to get the lodger out. We don't know that she won't leave voluntarily, and if she doesn't, it's easy enough to change the locks when she's out of the house.

PepsiLola · 24/02/2020 22:48

I wouldn't be arsed about the law, she owes a substantial amount of money so OP could threat with that

Get her out! She's totally disrespecting you

CottonHeadedNinyMuggins · 24/02/2020 23:23

Hope things have gone well for you and tonight is a better night, OP

woodchuck99 · 24/02/2020 23:23

As people keep pointing out, Woodchuck, the law relating to landlords and tenants is totally irrelevant.

And as I keep pointing out that I am not talking about the law relating to landlords and tenants. Lodgers should be given "reasonable notice" which in this case would be one week. That doesn't change because she hasn't been a good lodger. That means that OP won't get any help from the police if she tries to force her out might because it is unlikely that a few hours will be considered reasonable notice.

woodchuck99 · 24/02/2020 23:25

It is noticeable that the links you post nowhere cite any statute or case law to support their advice.

It is noticeable that nobody has given any links whatsoever to support their advice that she is no longer a lodger because she is overdue with rent or that the police will help to evict if she wants to get the CF out tonight.

madcatladyforever · 24/02/2020 23:29

Unless she has a written contract she has no rights at all actually. She has no proof at all that she is a tenant, you can say anything, that she is a friend contributing to the food etc.
I had a written contract with my tenant to say no notice period. She chose this as she didn't want to pay a deposit. Therefore either of us could terminate the contract at any time.

EdersonsSmileyTattoo · 24/02/2020 23:29

Hope tonight has gone as well as it could OP, sending strength and positive vibes!

woodchuck99 · 24/02/2020 23:31

OP isn't necessarily dependent on the police to get the lodger out. We don't know that she won't leave voluntarily, and if she doesn't, it's easy enough to change the locks when she's out of the house.

She might leave voluntarily but if she doesn't OP will probably have to leave house to go to work whereas it appears CF doesn't so not necessarily that easy. Better just to give her a weeks notice to leave. If she doesn't move out then she can get help.

woodchuck99 · 24/02/2020 23:39

Unless she has a written contract she has no rights at all actually. She has no proof at all that she is a tenant, you can say anything, that she is a friend contributing to the food etc

She has got one. OP did it when the lodger claimed UC.

Derbee · 24/02/2020 23:54

I would tell her that your agreement ended when she stopped paying in December. She’s not a lodger. She’s a friend who you have been putting up for Jan and Feb.

So I’d kick her out immediately. Even if she was a lodger, what’s she going to do? Take you to court with what money? Tell her to fuck off, and change to ensure you have your home to yourself.

Derbee · 24/02/2020 23:55

*change the locks

justcly · 25/02/2020 02:22

@woodchuck99

There is no case law or statute governing the rights of lodgers. You're demanding that people post something that doesn't exist. A lodger has no status in law; they are, in effect, paying guests. The links you have posted are advice as to best practice - they do not confer a right. The police, if OP needed to call them, would be obliged to remove an unwelcome person who refused to leave. Unless said person had a mortgage statement, assured shorthold tenancy agreement or rent book proving their right to be there, the police would have to remove them. Lodgings are provided on the same legal basis as bed and breakfast and hotel accommodation. A contract to provide lodgings has no legal meaning and is not enforceable. If you misbehave in a hotel and the manager slings you out, you have no legal redress. Neither does a lodger.

BoomBoomsCousin · 25/02/2020 04:36

justcly it is not the police’s job to remove a lodger who won’t leave. The police deal with criminal offences and breach of the peace. They aren’t “muscle” to help you enforce your civil rights.

bert3400 · 25/02/2020 05:18

Definitely change the locks when you do get her out

JustaScratch · 25/02/2020 05:39

OP - this website details your rights as a landlord and due eviction process: www.landlordaction.co.uk

Patchworkpatty · 25/02/2020 06:20

BoomBoomCousin , What Justcly has written is absolutely correct . The police will always attend and remove someone from a property who has no right to be there. We do this type of thing everyday. If you have been asked to leave and have no tenancy of mortgage statement (and are not married to someone who is named on a mortgage, then you must leave when asked. If you don't and cause difficulties then can be arrested for a breech of the peace.

Itsonlywords · 25/02/2020 07:14

Police aren't arsed about a squatter, we had one in a property for 12 months (he had never rented it, we weren't there much due to work and the locks were changed) and despite him having just been released from prison and even told his worker he was squatting, they did nought bar set an arbitrary date that I had to communicate with him; after which they would pop round. I can't imagine that unless she gets arsey and aggressive they will be that bothered, not around here anyway.

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