Lodger arrested on suspicion of r***

[CaramelMacchiatto]

Not sure if it's ok to post here but I need some advice. My lodger of 4 weeks was arrested in the middle of the night. Total shock. Following day he was released and police were telling me, in strong terms, when I said I refuse to let him stay overnight, that I'm breaching the civil law by not allowing him stay his notice period. I simply cannot believe this. I refused anyway, being a woman I don't want to take any risks, and refuse to have under my roof someone accused of such crime. When they brought him home to collect a few things it 100% felt they were protecting him , not me, so I can feel safe in my own house. It was clear they were advising him to seek advice in relation to his civil rights. Has anyone got any advice on this, please?

Police are wrong. There is no legally enforceable notice period for a lodger. Of course you were correct to kick him out there and then - he is potentially a rapist!

Thank you! That's exactly my point. The lady officer who visited following morning was great and agreed with me that kicking him out was my only option, even requested for her colleagues to accompanying him to my house so he can collect his things. However her colleagues who were in touch in the evening were acting like I should just accept him back as if nothing happened.

So presumably he’s under your roof as your write this thread?

Op you have a husband don’t you?

No, the police helped him take his stuff if you read her posts.

Op, you're not wrong to protect yourself and I don't think he has any rights to stay if he's a lodger.

What difference does that make?

No. Like I said I refused so police came over with him so he could collect some of him belongings, then left. They said they had to sort him out some accomodation for last night. I'm just stressing out if he gets some legal advice on the lodger contract situation. I need to ensure I won't have issues because of this. You'd think this is quite obvious but it really unsettled me hearing the police last night telling me I have no right to kick him out.

What a weird thing to focus on

There isn't a legal notice period for a lodger just 'reasonable notice' which after only moving in 4 weeks ago, having brought the police to your doorstep and having been arrested for a violent crime against a woman... giving notice with immediate effect is entirely 'reasonable'

I dont know for sure but the police may have some duty of care if they release someone from custody who does not have a home to return to, so perhaps your decision has given them additional admin or made their day a bit harder. That is for them to deal with, they shouldn't have made their frustration known to you. You did the right thing.

Just issue notice immediately. As far as I know a lodger doesn't have a fixed notice period so I'd just issue notice now saying he has to be gone in 3 days and offer to pay his accommodation if needs be for the notice period

We do have a contract in place. I'm normal circumstances I would give him notice however I don't think this situation can be classed as normal. I'm just trying to protect myself but last night it looked like he had more rights than me, person who hasn't done anything wrong. I said this to the police.

They probably just wanted things to be easy for themselves when releasing him. He's now of no fixed abode so more inconvenient.

A lodger has very few rights. Your rights as the person whose actual home it is will always trump the lodger's rights. You are required to give "reasonable" notice but the word "reasonable" is not defined in any law. It is legitimate therefore to decide that in this case, "reasonable" notice is no more than the hour or so needed for him to make arrangements to collect his possessions under supervision.

Taking a parralel with the way that if an employer terminated an employment contract with immediate effect they usually give "pay in lieu of notice" where you get paid for a month without having to work, the equivalent if you really feel bad about booting him out would be to refund him a couple of weeks rent to enable him to get himself sorted elsewhere. I don't think you should feel obliged to do this though.

I wouldn't have a male lodger in my home as a single woman though. Make sure all future lodgers are female. Anyone can have a dark history.

I guess there’s a lesson here to put terms into the contract which would count as an immediate breach of contract.

Ultimately I think you’re both probably right. The tenant has a contract and therefore is probably entitled to the notice set out in that contract.
Having said that, there’s no way I’d allow him to stay after this. I’d take the hit on whatever claims he wants to make against me.
In your shoes I might pay a lawyer an hour of their time to advise me on options and outcome for each.
Ultimately, is a man who’s defending a rape claim also going to take their landlord to court over an eviction? Maybe if it gets to court and he’s found innocent. Maybe not if he’s found guilty.

He's already gone, which you would know if you read the OP's posts

He's not a tenant he's a lodger and doesn't have the right to any specific notice period.

Thank you all. Just to highlight, I do not feel bad about kicking him out, quite the opposite! And also to clarify, I am not a single person living in my house. We decided on a male lodger for a number of reasons, never had issues before.

And if course, my husband feels exactly the same about the situation as me. He was absolutely furious with what the police said. Problem was he was working late last night so couldn't back me up when police were here.

In regards to rent, he was due to pay yesterday and still owes me £50 so this side of things is clear. But he expects to be able to keep his things in my house until he finds other accommodation. I think understandably I just want him out of my house without having to fear he will be popping in whenever he pleases.

I’d definitely refund his payment (at the very least pro-rated to wheb he was asked to leave) plus deposit if taken.

then he really has not much legal case to bring.

I think understandably I just want him out of my house without having to fear he will be popping in whenever he pleases.

He's still got a key?

I'd change the locks. Today.

Did you get your key back?
I would give him 3 days to arrange to pick up his belongings and arrange a time when your husband will be there too so you're not on your own.

I will return his deposit but only after he vacates the room.

We took the house key so no, he hasn't got free access to the house.

And yes, a massive lesson for the future, if we ever want to do it again, what clause to add to the contract.