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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:
OnTheEdgeOfTheNight · 05/07/2019 21:51

He shouldn't get his damage deposit back until he pays the rent (which won't be paid). Also you could insist that he and his friend leave immediately.

Kyogre · 06/07/2019 00:24

.

longearedbat · 06/07/2019 07:56

I still think you are being very much a soft touch, and sound as though you are pussy footing round this person. Are you scared of him? He seems to be calling an awful lot of shots in your home. He shoud be leaving this weekend and, because he has not paid his rent, he won't be getting his deposit back. But you are allowing him and his friend to stay FOR FREE for another week. Hate the expression, but really, you need to grow a pair.

Original poster
mommydragon · 06/07/2019 11:09

I love to do this more than anything, but can I do that with the lodger agreement which says min 6 months stay and 4 weeks notice?

OP posts:
Original poster
mommydragon · 06/07/2019 11:10

If someone who knows let s me know for sure, please let me know and I will do it. I don't want any legal action for the sake of 1 week.

OP posts:
Original poster
mommydragon · 06/07/2019 11:13

I don't want to aggravate the situation, we are so busy and are constantly in and out of the house and have small Dc and do not want a drama in front of them.

OP posts:
femfemlicious · 06/07/2019 11:54

It's fair enough to give him till Saturday to leave. If I were you I would tell him the friend has to leave by tomorrow or else you will get the police to remove him. You hold the cards it's your home
S lodger is pretty much like a paying guest

Original poster
mommydragon · 06/07/2019 12:13

Threatening to call police in friend and then letting him stay in the home for another week while we are going to be out of the house, doesn't seem to be a good idea. If I can get both of them out today, then good otherwise I have to wait until Saturday. I read up that I have to give just reasonable notice. He had another online delivery today and doesn't seem to be in a hurry to look for properties considering it's a weekend. I don't know what he is planning to do come 13th. but I think that would be reasonable notice.

OP posts:
Original poster
mommydragon · 06/07/2019 12:30

The lodger agreement says excluded license agreement.

OP posts:
Apolloanddaphne · 06/07/2019 12:33

He sounds like a terrible lodger. I have no legal knowledge but surely if he hasn't paid the rent then the contract is void?

femfemlicious · 06/07/2019 14:34

I have had a lodger who I called the police on. He ranted and raved at me because I had to take his clothes out of the washing machine to wash school uniforms quickly. He seemed to think he was living in a house share. He thought he had 'rights ' and I couldn't ask him to leave without a court order. Thankfully the kids were at school during this.

The police said to give him a few days notice and if he didn't leave then, call them back and they would come to help get him out. I guess he went out and got advice and realised that he had no leg to stand on and came to me in a very conciliatory mood and asked me to give him a weekGrin.

He behaved himself impeccably for the remaining time he was there and left as agreed. Thankfully his room was not near mine or the kids room and I don't have expensive electronics to worry about.

You have to grow brass balls if you are going to have a lodger.

Original poster
mommydragon · 06/07/2019 14:53

I would get him out today if someone can clarify that I will not get into trouble legally, but no one has been able to do this. I have today called up a few estate agents, but they deal with tenancy agreements. Our solicitor doesn't open until Monday. Citizens advice bureau are closed. I think waiting until Saturday, we would've given him reasonable notice. By then he would be 'overdue ' on rent. Also I have checked and for an excluded license agreement, I will not be required to get a court order to evict him.

I do really hope he is living in Lala land and thinking that we will not be able to evict him on Saturday. It will be such a pleasure to see his face when police turn up. Or he may be decent and leave peacefully on his own accord.

In meantime, we are going about as normal and he seems to be following some rules like shutting windows when going out.

OP posts:
Original poster
mommydragon · 06/07/2019 15:02

I can't deal with the legal implications if we do something rash today.... tempting as it may be. Unfortunately from past experience in dealing with defaulting tenant when we rented the whole house, we know that no matter how wrong they are, we have to follow the process, even if it means I will be out of pocket and it takes time.

OP posts:
givemebooks · 06/07/2019 15:07

Surely any of the legal issues around notice amount to him and him only?

Get the bloody mate out right now! What a pair of CF!!!

You are been kind to the main lodger to give him extra time but in my opinion his lack of rent payment null and voids the agreement so I would have thought you can ask him to leave now. Right this minute.

femfemlicious · 06/07/2019 15:26

I definitely think you can ask him yo leave today with no legal comeback. Since you have said next week Saturday I would leave it at that.

If I were you, I would print out this information and hand it to him evictionoflodgersandotherexcludedoccupiers. Tell him you do not want his guest there after tomorrow. This is your home. He is taking the piss. He probably wants his friend there so that you will be unable to lock him out.

Treacletoots · 06/07/2019 15:33

He's already broken his agreement with you by not paying his rent on time. Tell him today he has 48 hours or you will remove him and his belongings from the premises.
Learn a lesson next time, take his rent before he moves in!

Treacletoots · 06/07/2019 15:36

And a tenancy agreement is a whole different beast to a lodger agreement. Lodgers have surprisingly few rights, especially those who haven't even paid their rent! Dont worry about that.

I had a lodger who was very antisocial, cooking meat at all hours of the day stinking the house out and inviting friends over all weekend, and smoking out of the window. I gave him a week's notice, he left in 3 days. Thank god.

RLOU30 · 06/07/2019 15:54

it is your home and your home only with an "agreement" of this kind. It's basically a handshake- he cannot take you to court on any grounds you can chuck him out and change the locks on your doors. Deduct from his deposit any rent he owes you and give the rest back.
I recommend having a police escort him with his belongings so he can check them over in their presence. They won't get involved any more than this because it is a civil matter.
Put it this way, if a family member was coming to stay and you wanted to put them in his room you could tell him to leave or move him rooms. Does he have a lock on his bedroom door? Even this would be irrelevant tbh as if he is sharing a kitchen with you it is what it is.
There will be no cause for claim against you at all.

RLOU30 · 06/07/2019 15:56

I guess I can only assure you as any stranger on the internet can but I am qualified in this situation professionally and, unfortunately, by personal experience.
Good luck whatever you decide in getting your home back to normal!

Original poster
mommydragon · 06/07/2019 16:12

So should we do it today?

OP posts:
Original poster
mommydragon · 06/07/2019 16:16

Can I just put him out on street today? I can't give him 24 or 48 hours as then they will spend night here and we are out of house tomorrow for most of the day.

OP posts:
femfemlicious · 06/07/2019 16:23

I would give him till tomorrow and pretty much cancel the plans for tomorrow . I'm would be VERY uncomfortable about the friend staying whilst you are at work. You vetted your lodger to a certain extent but you have no clue who his friend is.

Next time you are getting a lodger make them very sure that it is a family home and they have to understand what this means. No coming and going, being very quiet, no guests staying more than one night only once in a while. It's just a place for them to sleep really. I learned that you have be very clear about this so they can decide of its for them.

EileenAlanna · 06/07/2019 16:33

"Depending on how inappropriate your lodger’s behavior has been, depending on how serious the matter, you can still serve notice with 24hrs to a week’s notice. Make sure you always serve a written notice though, explaining your reasons for the short notice. Keep a copy for your own records, and make sure both are dated and signed."
I'd follow the advice here & serve written notice confirming what you've already told him. You can give notice of anywhere from 24hrs to a week & be considered to have acted reasonably. Clearly state that moving someone else into your home & demanding that they have free access in it through the day is certainly unreasonable. He hasn't paid any rent at all yet which is also reasonable grounds to give notice. This site has a few pages with template letters etc that are useful. Good luck Flowers www.lodgerguide.co.uk/evicting-a-problematic-lodger/

TeaForTheWin · 06/07/2019 16:40

One weeks written notice. And then if he is still there or keeps your keys, change the locks next time he leaves. Lodgers don't have much in the ways of rights and he is taking the piss with you. But always give some sort of written notice anyway.

LadyBrienneofTarth · 06/07/2019 17:43

What does your agreement say about breach of terms / contract? Given that he hasn't paid rent he is in breach and therefore your Default / termination provisions should kick in

(Sorry if I've misunderstood your agreement with lodger - just going off what I have signed many moons ago)