Lodger not paying rent

[mommydragon]

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?

Ok we just gave him 24 hours written notice...he will have to leave tomorrow evening. First thing he brought up was deposit ... he is insisting that half month rent shouldn't be withheld for change of locks, cleaning, advertising the room again. I reminded him that it will cover rent for 7 days for him and also his friend has been staying here.

I didn't tell him yet I would give him any refund, but I will send him a refund after I cover all possible expenses...

He is an excluded occupier and has what is called a license. This is because you live in the property. The protection from eviction act 1977 does not apply to excluded occupiers.

What this means for you is that the requirement is for reasonable notice. This could mean in certain circumstances 2 hours. For example if you feel threatened, intimidated, or their behaviour is unacceptable. The bigger the issue they are causing the less notice you need to give them. For example a lodger once told me to fuck off when i asked him for the rent, so i gave him half an hour, after i removed his belongings and changed the locks. Is that reasonable? If i were 6 ft 2 and a bloke maybe not. But i'm 5ft 2 with a 6 year old child living with me and felt unsafe.

So Op, you will not face any legal issues regardless of what you do.

Regarding the lodger agreement. This is a contract. Normally they are binding but in these circumstances your lodger has breached the agreement. Both by his unreasonable behaviour and non payment of rent. This can be treated as a 'repudiatory breach' and the contract is void.

Deduct what is owed from his deposit. Include the cost of the lock change and owed rent. In these circumstances do not return any deposit until he has left the property and returned the keys, or until you have changed the locks. He could do a lot of damage on the way out.

Gosh he seemed so innocent, like he couldn't understand why he was being asked to leave.

You cannot charge for readvertising because this you would have to do anyway.

I believe I gave him a good enough notice... he repeated saying he cannot pay rent until end of month and also having audacity to push his friend onto us, and wanting us to give him free reign in the house when everyone is at work on Monday. I sited all these reasons. But main reason was unpaid rent.

I feel so angry at him... this has never happened. He has left such a bad impression... currently he is busy banging the doors.

Surely we can deduct cost of cracks in wall from deposit 😁

For me I would just refund him the amount if days that he had not used up and chalk it up to experience. Ignore his innocent me act. He must have rented before and know a you pay rent in advance.

Tell him you will refund him 1 weeks rent if he leaves peacefully in the morning. If he doesn't then you will deduct the cost of changing the locks. Let him go in peace.

If he'd not defaulted I would need to advertise after say 6 months, is this not an additional cost to me?

BTW... thank you all for your advice and experiences... it has really helped.

So when does he leave - tomorrow? And is his friend still with him?

I don't have any experience in this but I hope that he leaves without any drama.

If he keeps behaving like a child, I'd get him to leave now !

Yes tomorrow by 5:00 pm. His friend will leave with him. Hubby and I will sleep down stairs today. I will be out tomorrow, but hubby will stay at home. Told him if lodger starts to break things or cause trouble, to call the police.

Feel so relieved that I will have this entitled lil piss taker out of our house. And a big big lesson learned.

I am glad you have told him to leave but honestly tell him to get his CF mate out of your house now!!

I would not feel comfy leaving my DH on his own tomorrow with 2 men who have taken the piss out of you both!! Anyone who can be with your DH as back up??

People with small DC have lodgers in their houses?!?!

He sounds like a nightmare...I hope this is all resolved peacefully for you

Good to hear you took action OP
Hope all goes well tomorrow

Yes and guess what Dharma... we don't even them.

Vet them*... your comment sounds very judgmental towards parents with Dc who keep lodgers.

Please say you’re going to change the locks for any keys they’ve had ?!

I'm with Dharma

Yes locks are always changed.

How'd it go, OP?

I haven’t read all pp so apologies if this has already been confirmed. Lodgers occupy “under licence” and so don’t acquire any rights as a tenant would. They don’t really have any protection legally, unless they have exclusive possession of the room/area they occupy, ie a lock on the door. That’s why is always advisable to add that you’ll clean the room once a week or similar to prevent them having exclusive possession and acquiring such rights.
Anyway, I would just boot him out...

This summarises it nicely.
www.housingadviceni.org/lodgers-licensees-and-sub-tenants
You don’t have to give licensees any notice, it’s best to keep a licence agreement (lodgers agreement) as flexible as possible to avoid inadvertently creating a tenancy.