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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Lodger not paying rent

95 replies

mommydragon · 05/07/2019 14:31

Hello... I have a lodger who has just moved in on 1st of this month... he was informed verbally and via lodger agreement that rent for any month is due by 3rd of same month. But he is now insisting on paying end of the month as that is when he gets paid. We have taken a deposit just for half a month rent and that too just to cover any damages. In the lodger agreement, we have put minimum term 6 months. We are not happy to keep him on especially as over last two days he has been going on about his poor financial situation and also with no offer to top up rent end of this month to actually come closer to covering 2 months rent. I am worried if we take his word, he will start to default in payments end of this month or disappear one month on the last day without paying. What are our options here? Can we ask him to leave by 14th of this month? Would we be within our rights to do so?

OP posts:

wowfudge · 05/07/2019 16:04

Lodgers have few rights in law. Once he has paid the rent give him notice to leave unless he pays two months at once. Why on earth did the agreement with him state the rent was due two days after he moved in? The first month's rent is due upfront before they move their stuff in and then it would be sensible to have rent payable on 1st of the month in line with the date he moved in or actually the last day of a month in order to be in advance. The lodger's financial situation isn't your concern providing he pays on time but he's potentially going to be constantly in arrears.

Original poster

mommydragon · 05/07/2019 17:24

He hasn't paid for this month at all and also has friend staying with him for 1 week from last Wednesday. I said I would allow it at no extra cost. The friend will only leave coming Wednesday. I came home today and he has had a delivery from ASOS... would think somebody do strapped for cash wouldn't be shopping. I can't judge. But can I ask him to leave in 14th as he hasn't paid at all? As it wouldn't be the usual 1 month notice.

OP posts:

notatwork · 05/07/2019 17:27

If he hasn't paid rent he doesn't stay. You should have taken it from his grasping fingers as he first set foot over your threshold.
Get him out asap and take the unpaid rent from the deposit.
Good luck!

Manclife1 · 05/07/2019 17:29

Your lodger is taking the piss. Give them 48hrs and if there’s. I cash leave their stuff outside next time the pop to the shop.

HollowTalk · 05/07/2019 17:31

He's taking the piss. He's buying stuff with your rent money!

He might leave at the end of the month without paying anything - don't take that risk.

Tawdrylocalbrouhaha · 05/07/2019 17:34

Put him out. He is probably planning to leave at the end of the month, having got cheap accommodation for him and his friend. At best he is a chancer who can't be trusted.

sackrifice · 05/07/2019 17:35

Crikey.

You have two lodgers not paying rent though, not one.

StrongTea · 05/07/2019 17:37

Think he is pulling a fast one, he isn’t being reasonable and sticking to the agreement. I think if you show you are soft you will find it harder and harder to get him to pay.

FannyFifer · 05/07/2019 17:38

Wtf, a months rent & months deposit up front is the minimum. Tell him unless he has rent money tomorrow then he will need to find another mug to put him up for free.

HollowTalk · 05/07/2019 17:38

I wouldn't wait until the 14th. I would tell him on the day I wanted him to leave, which would be tomorrow. And lock away any valuables and watch him as he leaves. He can go and stay with that person who also had a free stay.

WeeDangerousSpike · 05/07/2019 17:44

Lodgers have a lot less rights than normal tenants, but I think it all depends on the contract you've signed - it sounds like a 6 month fixed term?!? Is there a clause in the contract about what happens if they don't pay or if either side wants to end the agreement early?
I think you may have inadvertently given your lodger shit loads more rights than they should have.
For future reference - this is why people charge weekly rent.

Original poster

mommydragon · 05/07/2019 18:41

The contract doesn't say what happens if we don't stick to 1 month notice and also if we end it before 6 months.

But it does state rent due by 3rd of each.

We have had so many lodgers and never had this issue.

OP posts:

Original poster

mommydragon · 05/07/2019 18:41

It's not even a contract... it's called lodger agreement.

OP posts:

RLOU30 · 05/07/2019 18:46

It's a agreement with landlord in possession. They have very very little rights (if any) as it is your home. I had to literally put my lodgers stuff in the garden as she locked herself in her room and wouldn't leave. I waited in the sidelines for her to leave one day had her door lock changed and put her stuff In a safe place for collection. 2 months no rent she had the cheek to call the police on me! They sent her on her way.
Don't let this drag on.

TowelNumber42 · 05/07/2019 18:47

Post on the Legal board for definite advice.

He's not going to take action against you anyway is he?

He's never going to pay you another penny. He has identified you as a soft touch. You didn't get a whole month rent up front. You let someone else stay for free. You didn't kick off at him unilaterally deciding to pay late. Get rid immediately.

Pipandmum · 05/07/2019 18:50

you should have asked for a month’s rent before he moved in, and it should be in that day every month moving forward. Your agreement should stipulate about overnight guests.
Get rid of this one and start right next time.

longearedbat · 05/07/2019 18:58

You're certainly a soft touch. Two people staying for free! Get rid of them both ASAP. I would be kicking him out this minute.

Original poster

mommydragon · 05/07/2019 19:00

Towel... good point about legal board... I will do that.

OP posts:

MNHQ

LilyMumsnet · 05/07/2019 19:05

We're moving it for you now, OP.

FunkySnidge · 05/07/2019 19:07

Tell him to leave immediately, he is going to be constant trouble. Why are you giving free lodging to two adults??

RLOU30 · 05/07/2019 19:08

I am a property lawyer OP- I will PM you to help as I've also been in this position personally

Original poster

mommydragon · 05/07/2019 20:20

Thanks all... thanks RLOU.

OP posts:

Original poster

mommydragon · 05/07/2019 20:33

He starts a new job on Monday and told me his friend will stay in the room during the day... I text him back saying I cannot allow that... his friend will not stay in my house alone. As we all work. But he insists that as deposit would cover next week, his friend will remain in room. I told him agreement says he cannot bring visitors with out my permission and we will not allow friend to stay home alone during day. In the advertisement we asked for strict vegetarian diet lodgers due to our religious beliefs. He told me that his friend is a meat eater, but is being vegetarian in my house although it is not on contract. WTF!!!!

I now want him out of the house pronto. I have told him to leave on 13 of this month. We will lock away our belongings and bedrooms. On 13th hubby will change the locks and we will escort him out. Until then we will have no verbal communication with him. We half expect him to send me a text before next saturday that he couldn't find a place, which I will not reply to.

I have a copy of his employment offer for a new job. If he damages anything in the property, I will be calling his new employers plus police. Also states that he would first be on a probation period.

OP posts:

RLOU30 · 05/07/2019 20:45

Put it in writing that he is to leave next Saturday.
Do not consider calling his new employees. The police will assist with an escort to ensure he takes with him all of his property (which will save him possibly saying you took this and that)

Original poster

mommydragon · 05/07/2019 21:03

I sent him several texts that he is to leave on 13th. Should I send him an email? To be honest I don't want anymore conversation with him before 13th. He will only reply and say he can't. I have archived the WhatsApp chat with him.

On 3rd I had sent him an email to pay up by 10th as it appeared that he was mistaken about rent payment date, but he only replied today that he cannot pay until end of month. His last message to me was I will try to leave as soon as possible. So we are giving him a week and this is all on chat. I also told him if he leaves earlier and there is no damage, he gets back pro rata deposit amount... all on chat. I was so offended by his veggie comment, I wanted him out. And that is why hubby is saying to have no further conversations with him as he may say something upsetting. We will just calmly change locks on 13 and ask him to leave and call police if he doesn't.

Would call employers only if he causes us damage and police get involved etc. Hopefully it doesn't come to all that.

OP posts:

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