lodger making my life difficult

[Landladyissues]

about a month ago I came down to find my freezer door wide open. I opened the doors to check that not too much damage had been done - I am the only person who used the freezer. My Polish lodger had helped herself to frozen black cherries and raspberries. The packets were in the bin. I had noticed that she had previously taken odd bananas and used washing tabs and conditioner but hadn't made a fuss. They were small items. She had been with me for 5 months. Anyway, her room is above the kitchen and the following morning she complained that had woken her up in the morning by noise in the kitchen. I explained why that morning I had had to check the freezer contents etc. She immediately deflected by saying that her room was too cold. The house is centrally heated and there is a radiator in her room. The room is also above an aga - but apparently the windows are too big and the laid wooden floor is cold. She has a rug!! I said that was she really telling me that the room wasn't suitable for her needs - she said yes, and followed this up with a lot of texts saying that I was keeping her in an unheated room etc. Then she asked for a reference which I gave - saying that she paid her rent and kept the room clean and tidy. She said that she wanted to give notice for 30th November - her next rent due date - but she didn't know how long it would take for her to find a room so it might take a bit longer. she told my other lodger it would take 6 months for me to get her out. I took legal advice and gave her a month notice. Since then she has been generally a nuisance - minor issues. Small scratches on the back door glass (which was newly put in) constant use of the washing machine - leaving the washing in while she goes off on her motorbike - today she rode off leaving a single item in the washing machine on 'hold' blocking it for everyone else.

I know she is just trying to needle me - and use as much of my electricity as possible - I am counting the days for her departure and have already arranged for the locks to be changed.

and I thought I'd sound off here!!!

I think you need to clear up if she is a tenant or a lodger and which country you are living in. Also do you have a signed written contract with notice conditions? These will make a difference to your options.

As for the washing machine issue, you just press the start button and take the item out when it is done. That's a non-issue. If she complains you just say that you assumed she must have pressed the hold button instead of the start button as surely she wouldn't purposefully block the machine so others couldn't use it. And if it was on hold as it needs hanging up or something as soon as it comes out, then she wouldn't have gone out. Be fair but firm.

Document everything , get behsviour

If U.K. check with can your rights as resident landlord with CAB , and reissue notice but short one due to her unreasonable antisocial behaviour and damage to property (in breach of her lodger agreement) . You can get her out earlier but given she gave notice for 10 days time is stick to that

Dear lodger

I am reissuing your notice to leave my property at x address by 6pm on 30-11-22, due to antisocial behaviour theft and property damage (or whatever summary covers it)
(What you've says some far is nuisance behaviour, rather than immediate threat so I'd be inclined to just stick to dates)

(If getting her out earlier due to increase in behaviours - add " if there is an escalation in nuisance behaviour or further damage/ thefts, I will reimburse rent already paid for from that date and hold your lodging deposit until you hand back your keys - it will be available on day you leave if no further damage or items are stolen. )

You can attend housing dept at x place to seek support if you are having difficulty securing ongoing housing

I note that
On x date you gave verbal notice to quit on 30/11/22.

On x date at x time I found freezer open , food stolen (empty package in bin)

On X date time ..

You might want to post this under legal as more likely to get housing advice on there

Absolutely agree with you, calling this out!

I find it unacceptable that posters qualify someone's behaviour with their nationality. Nothing whatsoever to do with the issue and it serves to skew people's opinion towards people from that country. The increasing number of "my Ukrainian refugee" threads perpetuating this negativity is vile. How is this allowed to stand on here?

Also in letter is address the false complaints she has made by text

"You have sent multiple texts which are untrue, the house is kept at 18' /20' and is central heated. The facilities have been fully available to you. You have used the washing machine 10 times in past week putting single items into washing machine and putting wash cycle on hold so no one else could use it without draining it and removing your item" (put washing machine to drain and then switch off, so you can remove item)

I haven't read any racism into OP including that lodger is Polish, but instead as information in the OP that might help with understanding from others so that it's not a drip feed later . OP hasn't said anything racist.

Sometimes knowing someone's nationality helps incase there are language or cultural differences - for eg language syntax can be different , a person can sound abrupt but it's in the translation from their first to second language use (as sentiences in other languages can be constructed more direct than English tends to be in U.K. for example.

It's also helpful to know that as PP earlier said sharing experience that they found some of their Polish friends tend to keep their homes heated more so may genuinely be surprised if a house is heated to 18-20'C not 25'C for eg. That might be useful in understanding if lodger shares in conversation that is her expectation.

As always, lots of advice, some of it wrong. Speak to Citizens Advice.

Thanks so much for sharing your experiences. I was told - by a lawyer at work - that if you have a lodger they are an 'excluded occupant' and don't have tenancy rights other than they should receive 'fair notice' which is a month if they pay by the month and a week if they pay by the week. She pays monthly. I had a horrible feeling that no rent would be forthcoming and she would string out her tenancy until I got an eviction notice - which in her mind would take 6 months. I really can't afford this - I only wanted the lodger to help me with my fuel bills to be honest. I also thought that she would be collecting evidence that I was harassing her! I was trying to explain to her the legal position but she didn't really want to hear. She had plenty to say however!! I am so grateful - for you taking the time to post.

People falling over themselves to excuse the OP’s gratuitous inclusion of this lodger’s nationality is laughable.

Did OP say, “does anyone know is the room temperature thing could be cultural?” No.

Did OP say, “could anyone tell me if any of this is cultural?” No.

She’s posting to complain, not for understanding. Understanding of the room temperature and relative energy costs is irrelevant - Polish people don’t put single items on hold in washing machines “for cultural reasons”.

OP literally mentioned the lodgers nationality once? Neutrally, accompanied by no adjectives but the facts of the case. Some people are determined to make everyone a racist but fuck me, we're not allowed to mention someone's nationality in passing now. Sure, sounds reasonable.

Sounds an absolute nitemare op , hope she’s gone asap !

Yes- as others said get CAB advice on excludes occupant

If she doesn't leave you can change locks the day after with Leyte e you issue her staying that aa she has failed to leave and return keys, you have expense of changing locks (it's an expense but will save money in the long term)

You can then pack up her belongings when she is out put inside by the door which you give to her when she turns up or put outside as soon aa she arrives at yours.

Have copy of previously issued notice letter ready (& utility letters & lodger agreement copy etc- showing you are resident landlord) and if she kicks off and becomes aggressive be prepared to call police. They can see documentation then that she's excluded occupant and legally has no right to entry. I'd be inclined to have back up witness there with you when she's due home if she hasn't left on previously issues notice date. And deposit ready to give to her if she takes her stuff and leaves

But you have to check out that this is lawful way to do this. If you are U.K. it's help if you state the country you live in

This. And if OP gives a bad reference before polish girl moves out she'll never get rid of her. I would give a one month notice, notify her then change locks. End of.

If you are in England OP you don't need an eviction notice for a lodger. Reasonable/fair notice is ideal but actually you could ask her to leave tomorrow and there would really be nothing anyone could do about it.

I didn’t mean to imply that OP was being racist simply giving examples of how other nationalities can feel eg like the lodger.

I work with one young Romanian woman who lives part time here in London, part time with family in Romania as it’s cheaper for her re bills, heating especially she told me!

And agreed, some of the language difficulties can come across as rude or abrupt. This Polish friend I have tends to be over friendly and polite using terms of endearment which can almost sound false (dear, my dearest etc) to people she didn’t know well or was getting to know (like me) but then I was told by my sister in law (they’re best friends) that she thought this was how people spoke to each other here in England, but she was also desperate for female friends so overcompensated with her language and behaviour!

Agreed with PP and @Tiani4 - treat this as a business transaction but address everything in a letter, set out. She’s the person who wants to end the lodger agreement not you.

Agreed also to check with CAB re her and your rights but having dealt with as Legal PA in previous jobs similar cases, she doesn’t have much of a leg to stand on and is trying her luck. Don’t worry.

I do think lodgers/tenants may pose more of these issues to landlords over the next few months though especially re heating.

It wouldn't be racism though would it....xenophobia maybe.

CAB general advice for resident landlords in England

www.citizensadvice.org.uk/housing/renting-a-home/subletting-and-lodging/lodging-index/what-rights-do-lodgers-have/

www.citizensadvice.org.uk/housing/renting-a-home/subletting-and-lodging/subletting/rights-of-subtenants-who-live-with-their-landlord/

Have you pointed out to her that as she isn't a tenant she is not going to have six months till you can get her out? It sounds like she has been wrongly advised as to her rights.

what a nightmare. Sorry OP.

I agree that getting her out any earlier would be rough but taking her at her word will be perfectly reasonable and changing the locks is going to be satisfying. Dont tell the other lodger and just bamboozle her.

What time are you going to expect her out on the 30th?

I do think it would be a good idea to have a friend, ideally male to support you when she leaves to stop her damaging your house. I think she wont have packed her things and could damage something when she goes to pack.

It would be easier to dump all her things in black bags when she goes out after her departure time and not let her back in.

The cheek of thinking you can live somewhere rent free and cause a nuisance whilst your at it is astounding.

If it's your house that you own OP rather than you subletting a room in a house you rent, she will be an 'excluded occupier' as your lodger. Anyway see CAB links a few posts ago

They probably put in Polish incase it was relevant, which apparently it is re how they prefer the heating
I would never have known that otherwise

To scratch glass in the back door takes some doing.

She sounds passive aggressive- Not sure on law re lodgers now in England, but they used to have almost zero security to stay in a house shared with landlady.
( I had lodgers years ago)
Your house sounds gorgeous, OP, get a better lodger.

I too hear that Eastern European homes and apartments are heated to high temperatures- Heating must be veey cheap over there. Nuclear powered?

Polish people don’t put single items on hold in washing machines “for cultural reasons”.

Not, on hold (which is the lodger just being obstructivr and a bit malicious) but I lived with a Polish woman who washed single items in the washing machine.

She also regularly left lights on unnecessarily and left taps running (you'd go into the bathroom to find a tap on full, running and left that way before she went out ?which could r been hours before).

When I mentioned it to my Polish ex boyfriend (another house mate) he said it was because she partly grew up under communism in the countryside, and they paid a flat rate no matter how much electricity etc they used, and that he kne

england.shelter.org.uk/professional_resources/legal/possession_and_eviction/eviction_of_excluded_occupiers

presuming you are in England, this says you can change the locks