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?

Thank you all! Very helpful reasonable points. We will change the locks. I will tell him that he can keep his belongings for a few more days but he won't be allowed to stay. I understand the accusations might be false however I don't know this, do I? It is very scary and costs me a lot, emotionally.

Another thing is, he has family in the area. I said this much to the police but they still insisted he stays!

I really hope there won't be legal actions against us but the comments about it being a possibility coming from the police wasn't that easy to ignore.

And yes, we are insured for having lodgers in the property.

https://www.citizensadvice.org.uk/housing/lodging-and-subletting/lodging-subletting/lodgers/if-youre-being-evicted-as-a-lodger/
Here is the legal requirement for giving notice.

No court in the land is going to say it is reasonable to continue having a man charged with rape staying in your home for the convenience of the police. It is entirely reasonable to ask him to leave. The deposit needs to be returned, and cordial relations and communication in the meantime.

If he is innocent he will have nothing to fear. He can find a new house and landlady and continue his life as normal.

That is helpful - so no legal obligation for him to stay.

You need to give him formal written notice, they serve a tort notice if his things are still there. Once the tort notice is over you can dispose or sell the remaining belongings to recoup your storage costs.

Technically I believe you have to let him serve the weeks notice, although I can understand why you don't want to.

Also the fact he has been arrested on suspicion does not make him guilty of anything, he has the presumption of innocence until proven guilty in court, still I can understand why you are reluctant to have him in your home!

Might be worth asking MN to move this from Relationships to Legal?

Yes, I agree. He is innocent until proven guilty but I wouldn’t want him in my home either. It is very harsh for him to lose his accommodation with no notice if he is actually innocent of the crime.

Definitely! My husband was called by a police officer a few months ago to say they had BIL in custody and wanted to release him to stay with us. DH explained that wouldn’t be possible as BIL has previously threatened to kill me and our one-year-old child so I have no contact with him (and DH very minimal contact). The officer then tried to argue with and guilt trip my husband into agreeing to have him to stay. Obviously my husband said no so the police had to organise a hostel for him which is presumably why they would have preferred to make it our problem.

Accusations can be false. I’d expect him to think he has a right to stay.

Given the police took him away in the middle of the night, they clearly think he’s done something, so a bit rich for them to be the ones who think he should get to stay!

OP, lodgers have practically no rights. I’m really open minded, but as a woman, I couldn’t risk it either. I would have done the same as you.

Legally he is innocent until proven guilty, which is the sticking point - if he was say in a job working with children or vulnerable adults he could be suspended on full pay, but as to accommodation its tricky, can he be discriminated against because of a charge?, you can however serve notice in the normal way, and could go as far as arranging alternative accommodation for that notice period (ie cheap hotel).

What crime was he accused of? I think that would affect how I saw things.

Whoa! So you just presume every adult woman has a husband!?!?! What a blinkered life you lead…

What ?? Why on earth would she pay for his accommodation?

I would personally pay for a weeks accommodation at say premiere inn - might loose out a bit as it may be more than his rent, but at least it would be the "decent" thing to do based on the fact he is legally innocent and may be actually innocent as well.

But I can 100% see why the OP doesn't want him in the house.

They’ve probably bailed him to your address and don’t want the hassle of changing it tbf. The police won’t get involved in the civil side of things, it’s the council who would deal with housing law and illegal evictions etc.

The OP used * as presumably the filters would pick it up on here - it is the crime that shares its name with a bright yellow flowering oil seed crop I think.

I think I’d of done the same I would return any rent overpaid worked out pro rata to day you terminated his contract and deposit.

I think I can see this for a few points of view

The police - it’s a pain for them as they had to help him find accommodation which they didn’t want to do so we’re making you feel guilty about kicking him out. As someone said typically lazy police misogyny.

You - obviously you don’t want a rapist under your roof for your safety and safety of everyone who comes to your hose. Not to mention backlash you will face if it got out that you were harbouring a potential rapist.

Him - he’s been charged with rape and lost his home in one night. If he’s guilty then though, but what if he’s not? Being charged, doing the crime and being convicted are very different things. Right now he’s been arrested, do you know if he was actually charged. And even if he was that dosnt mean he is guilty.

Im only saying this as looking at all points of view and I am aware of several false rape claims irl that had a horrific effect on the falsely accused men and their families. It’s horrible to think about, but it dose happen.

From your position right now I 100% support you and agree with you, I would have kicked him out too. I also agree to changing the locks, but I’d probably allow him a few days or week to sort out his belongings and stipulate he only communicates with your DH and collects when DH is home.

From Citizen's Advice: https://www.citizensadvice.org.uk/housing/lodging-and-subletting/lodging-subletting/lodgers/if-youre-being-evicted-as-a-lodger/

If you left any of your belongings behind when you moved out
Your landlord should tell you when you can collect your belongings. If they don’t, you should tell them when you’re available and try to agree on a day and time you can collect them.
Your landlord must keep your belongings safe for a reasonable amount of time. What’s reasonable depends on the situation - for example if you’re unwell and can’t travel they should give you more time.
If you owe your landlord rent, they’re not allowed to keep your belongings to recover the money you owe.
If you’re not able to collect your belongings, you should tell your landlord. If they think you’re never coming back they might throw away or sell your things.

You've done the right thing.

You can add a clause to a future lodger contract to say that if the lodger is arrested for an indictable offence, this terminates the contract immediately.

Indictable offence is one that must be dealt with at Crown Court, so includes rapes, murder, GBH etc.

This ^. He was arrested on suspicion of rape but it sounds like he's been bailed without charge, possibly pending further inquiries? Which means he may have had to give the address as part of his bail conditions, hence why the police were being heavy handed about it. So, refusing him access to his home* in those circumstances could put OP in a tricky legal position. I'd contact Shelter and ask them for advice.

*Yes, it's her and her DH's house, but it's still the lodger's home, where he pays to live and has a contract to do so.

Wow, you'd pay for a week in a hotel, for someone who not only hasn't paid rent for the forthcoming period but also owes rent for the previous one?

The OP has no obligation to put her or other members of her household at risk by allowing someone (an adult) suspected of a serious crime to stay in her home.

The police either release without a charge so 100% free or need to charge someone before they can bail with set conditions.
If there is a charge and a bail condition the OP has no obligation to assist the lodger comply with his condition of living at a named address.

She could refuse her husband as a co-owner entry in this circumstance by barring the door

I guess you took references but it would not have included anything regarding his sexual conduct! whether you have others in the house or not and if he is guilty or not you should be allowed to say who visits or lives on your property

Except he hasn’t actually paid. He hadn’t paid for the week before let alone this week. And he’d only been there for 4 weeks. (Paying for 3.) The Op would be within her rights to kick him out even before the whole “police arresting him in the middle of the night” thing.

As many many others have explained a lodger has few rights.