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?

Here's a clause that I include in my lodger agreement:
The Lodger must not act in an antisocial manner towards the landlord or any visitor to the property; make excessive noise; allow any visitors to act in an antisocial manner; leave rubbish in inappropriate places; use the property for illegal purposes. No smoking or vaping is allowed in the property. No overnight guests are permitted.

I have asked a lodger to leave in the past because of the disgusting mess he left in his room after being asked to tidy it up. He didn't clean up, so he got about 4 hours notice.

I think you were within your rights to ask him to leave immediately and you should charge him for the time you're looking after his possessions. IMO you have to think about what is reasonable behaviour. Having the police turn up on your doorstep and him being arrested on suspicion of rape is definitely crossing that line.

All too common unfortunately. And people often accept what they're told even when it's complete BS.

He's breached the contract by falling behind on rent, so regardless of whether you've given him "extra" rights in the form of a notice period you can simply refuse to have him back. What's he going to do, sue you? No solicitor would touch this as the fees involved vs the weak lodger laws vs his conduct vs potential compensation is simply too great.

Especially when they hear he's an unreliable rent payer, he's not exactly good for the money when it comes to paying them!

This 100%

What are the chances of this guy actually taking you to court over this? Nil. He would have to explain about the arrest and etc. and prove loss. It won't happen and the police are wrong and are quoting law that doesn't exist (not for the first time).

They were just trying to avoid additional work and paperwork.

Change the locks.

Second this

Super common for professionals responsible for people with no place to go in the middle of the night to try to displace that responsibility very assertively.

How horrible. A lodger and a tenant are different and there isn't a legal notice period for a lodger. The police probably said that because they were annoyed they'd have to help him find emergency accomodation on top of the charging process.

He's gone now so breathe a sigh of relief.

It seems obvious but I guess there needs to be a clause about not breaking the law or being arrested.

It’s major drama for the police to find housing for someone in the lodger’s position so that partly explains it.

Tbh, after XH kicked the living shit out of me and my neighbours called police, the two female officers returned him to my house saying not to bother them next time we “had a domestic argument “ so I can’t say I am surprised.

You did the right thing. 💐

Police just couldn’t be bothered to sort out accommodation so they’d rather a woman was at risk. Cunts

Honestly don’t worry about a civil case. There’s no come back on telling a short term lodger who’s been arrested on a charge of rape to leave. Who’s going to rule on that

Sadly that’s true.
Even worse - the person he’s (allegedly) raped has probably got minimum chance of him being convicted and if he is he would get a measly sentence.
It’s shit for everyone involved including you OP. I hope you are ok.

Change your locks. Up your security.

Borrow a dog for a few nights if you can!

Bail

If he was charged he normally would have to have an address.

But that is not the OPs problem

https://www.gov.uk/charged-crime/bail#:~:text=Bail%20from%20a%20police%20station,living%20at%20a%20particular%20address

That's a very fair post, Hibernatingtilspring, but in OP's position I'd still resent them trying to make a suspected rapist OP's problem

I wouldn't bother complaining though as they'll just deny what was said, claim OP must have been confused and - depending on local management - perhaps even get a pat on the back for their efforts

Change the locks asap.
As its cheap to get a copy cut.

I think they probably were to an extent as in they weren’t protecting either party but if there was the suggestion you wouldn’t let him access his belongings they were probably acting to keep the peace

Op your lodger has bigger things to worry about than going to citzens advice about his very brief stay with you. I wouldn’t give it any more headspace but I would refund his deposit today. Your room is in good repair I assume.

The police were trying to make this easier for them, and not have the hassle of finding him somewhere to stay, they were not considering your safety at all, which is not on.

It's possible they only released him because he was able to give your address as the place to be released back to (assuming he's not yet been anywhere to be given bail conditions specifying your address). You've given them a headache in needing to find named accommodation for him.
Assuming your home insurance already knew about you taking in a lodger, and you have legal cover in it, I'd be giving them a phone today to get advice. If you don't have legal cover, are you in a union that has a legal advice line for non-employment related things and you could contact them. Get some advice and hopefully allay your worries about breach of contract and what's classed as reasonable.
I'd be refunding the notice period, minus whatever he owes you.

AFAIK the legal issues are that he is innocent until proved guilty and he’s probably not broken any of the terms and conditions of his lodger agreement.

So regardless of your personal feelings about it, I would keep all communication in writing ( ideally by email but if not text and screenshot ) and keep the tone and content as reasonable as possible.

If he does take legal action against you then it’s up to the court to decide what’s reasonable notice. So try to act reasonably from now on. Personally I’d not argue about the £50 he owes you, I’d say that you will not ask for it as a gesture of goodwill, that you appreciate it would have been more expensive for him to find somewhere to stay with no notice and that you will give him a reasonable time ( say 14 days ) to find another place and collect his things etc .

I understand you are upset but you have agreed to provide a service to him in return for payment. Yes the law grants lodgers fewer rights than tenants as it’s acknowledged that you are living in close quarters and sharing some spaces. But being arrested ( you don’t even know if he’s been charged ) doesn’t mean you lose all legal rights .

Im sorry I’m sure this isn’t what you want to hear, but you are running a business not doing him a personal favour.

I think you need to ( on the basis of rape accusation statistics), be prepared for him being r err leased without charge. If your contract specifies a notice period, what then?

OP, your bulk standard copper really doesn’t know much about the law! I’ve worked in a police station and the ignorance is outstanding.

He may be released without charge, that doesn’t mean he hasn’t done it, it simply means they haven’t got enough evidence to charge him after the CPS have reviewed the case.

Either way as long as op refunds his deposit, takes care of his belongings in the meantime and arranges a reasonable date to collect his things and keeps things civil it will be fine.

The police are not qualified to give advice on civil law. In any case in your situation the only response to give is that he could use the civil courts to plead his case if he wishes, but that you will not be permitting him to enter your home again.
You did well to stick to your refusal. I echo what others have said about changing the locks. What you found might have been a spare key he had cut, and it probably isn’t a good thing to admit going through his possessions.
I know you probably don’t want to touch his stuff, but if possible box it all up in front of a witness and either leave in the room and arrange for him to collect at a mutually convenient time ( and put it outside or in a garage ready for him), or place it into a storage facility, paying the first months rental and giving him details of how to access it.
I realise you probably don’t want to do anything to help him, but he could choose to take action if you recklessly dispose of his possessions.
There is also a chance that he was falsely accused and it would be doubly harsh to lose accommodation and all possessions.

Reasonable notice can be 30 mins. Licence agreement. This would be an immediate eviction for me.

There is something very wrong with the police at the moment. Far too many of them don’t seem to have basic knowledge of the law.