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?

I think if you have a notice period in your agreement, it would be reasonable to allow him to leave his stuff until the end of it. (Or if that's a long period, maybe a couple of weeks). As long as he isn't staying himself and only comes to pick up his items at an appointment time with your dh present.

No. He didn't have a chance being handcuffed at 3am! We found it in the room and took it back.

That would probably be reasonable if he was up to date with his rent. He isn't. Was due to pay yesterday and still owes me £50 for last week.

Why should she fork out for his accommodation at all?
Sod that!

If he can’t get in then for the sake of avoiding any legal trouble I would let him keep his belongings but not himself in your house until the end of his contractual notice period. Box them up and tell him he come come collect them, either on the last day of his notice period or by arrangement before if he manages to find somewhere else before then.

if he doesn’t turn up the day after the last day id put the box in storage, pay a months storage out of his deposit and let him know where his things are and leave it at that.

Why would the police be giving you advice on a civil matter?

You can imagine! That's not what we signed up for.

You don't need to add any clause to the contract, or worry about the contract. He has a licence, not a tenancy, and as PP said, you are only required to give reasonable notice.

In the circumstances, immediate notice is reasonable. Give him 2 weeks to collect his belongings or you will dispose of them.

Quite the opposite. They told me, in strong words, that I need to keep him under my roof. When I was trying to protest, they cut me off saying this is a civil matter and nothing to do with them. Perhaps it's correct what someone said, they were just trying to make things easier for themselves.

Anyway my instinct kicked in straight away and I said absolutely no chance for him to stay overnight. I just worry about being dragged into the civil court but I hope the guy will be busy enough with sorting out his own mess.

Would you still allow his things to be in the room for two weeks without the payment? I don't want his money or anything to do with him!

My understanding is that a lodger does not have the same rights as a tenant.

Sounds to me as though you were visited by lazy officers who didn't want the trouble of sorting out accommodation.

2 weeks is unnecessary. Presumably he'll need to find somewhere else immediately so give him a few days to come get his stuff.

When the dust has settled would you feel able to make a complaint about the police? Either they’re trying to intimidate you to do their job (house him) or they’re trying to intimidate you because you’re a little woman or they genuinely don’t know the correct advice re the lodger, or some other random reason. Either way, they were wrong and it needs to be brought to their manager’s attention. In writing.

Imagine if you didn’t have Mumsnet, weren’t married, were a bit isolated, were ill, any number of things. You’d have a suspected rapist with free access to your home for the next week/fortnight. That was what the police wanted for you.

Reasonable notice - you’ve told him that he can no longer live in your property with the reasonable timeframe of him being arrested and collecting his property

You have his key, but changing the lock would cover the tiniest chance of a copy having been made.

You have had different opinions from individual officers - the first that you do not have to let him back and another that it’s a civil matter between you and the lodger about notice. In the unlikely situation of him taking you to court you have given notice that can be considered reasonable

He may of course turn out to be innocent - but to the best of your knowledge he has been arrested for rape.

Do be equally reasonable about the rest of his property - it’s there to be collected in a reasonable time - but does not mean giving him access at any time he wants. Use a third party as required for the arrangements

So the police living up to their usual lazy, misogynistic, rape enabling stereotype yet again then. You did the right thing OP, like hell would I put myself at risk by allowing an accused rapist into my house.

OP, some of the advice here is right and some of it is wrong. It's a bit more complicated than 'a lodger must leave whenever told so' but just for the record I wouldn't have him back either.

Generally speaking a lodger is entitled to reasonable packing up time, as they are a licensee not a tenant. Reasonable is not however defined by law. Some people's take on this is a few days, some people's take is one rent period (as in, if you receive monthly rent, give a month, weekly a week, etc).

Where people get into difficulty is if the lodger has a fixed term, then you can't actually end it early without a breach of the agreement- please put in clauses in future agreements to cover things like missed rent, damage to property, antisocial behaviour and anything else you couldn't live with.

If you have a contract that states a notice period, you are technically bound by that. However, I sincerely doubt this man will take a case against you. Realistically he's got bigger fish to fry, and what kind of remedy would he even ask a judge for? He'll not be reinstated and given he is behind on rent he has no financial loss. You can't be prosecuted for illegal eviction like a landlord/tenant arrangement.

The police have tried to make this your problem as he'll have bail conditions and if he has no suitable address he will have to be recalled or will have to sort something.

What a shock to get in the middle of the night, intricacies of the law aside, stand firm and consider changing your locks.

HRTFT. I wonder if he described himself as a housemate as opposed to a lodger. I thought lodgers had no right to notice, whereas housemates do.

I would still change the locks, if one of your locks on the front door is a Yale lock it is easy to change the barrel of the lock. He could easily have had another, or several keys cut.

You hit the nail here! Too soon to think about it now, I haven't stopped stressing about it since the arrest but ...

Housemate isn't any kind of legal term. A housemate might be a lodger, a co tenant or a friend who doesn't pay rent 🤷🏼‍♀️ a tenant has the right to contractual notice, a lodger does not.

I would still change my locks. Having a new key cut might have happened and it's a small price yo pay for safety

A lodger in your private home has no protection. They are entitled to reasonable notice only and in some circumstances that can be as little as an hour. This is one of those circumstances. There is no civil action available to him. You might like to pack up his belongings and send him a Tort Notice then think nothing more of it.

Write and complain, years ago my abusive husband ( now ex - well now dead) was caught drink driving and the police drove him to my home at 4am despite several reported domestic incidents and him living in a hostel as I had thrown him out, I had a 2 month old baby. I didn't feel able to not let him in. In response to my complaint an inspector and sergeant came out to my house and were very good, and I think some training was planned of it - I don't know if anything did actually happen, but I did feel listened to.

The police are very limited in their powers to keep people in custody and would have needed a n address to release him to. Typically that address would be the home address the suspect gave them (unless there's a reason they can't, eg arrested for DV) It's very rare that someone can be made to leave an address without notice so it's not surprising the police would have expected him to go back to where he was staying and wouldnt have a back up plan.

None of that means you should have kept him, but I can understand the officers being a bit stuck in this situation, and bristling at him being pushed back on them. Presumably the suspect told them he had somewhere to be released to!