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?

The police don’t have to help him find accommodation @AliceMcK the issue is he needs an address to be released on bail. So most domestic rape cases they can’t go home so have to go stay with a relative as their bail address. This is not the OPs problem and the police would have to take him back to the station and remand him until he gives a relatives address or sorts something out himself

@CaramelMacchiatto @YourAzureEagle has offered to pay for the suspected rapists hotel, how kind of them!
Of course the OP is not going to pay for a hotel at the cost of more per night per week than he charges. But I’m sure she can hook Yoi up to give your details and address to the decent guy.

Totally agree with all of the above regarding OP's obligation, but not sure what her legal position is because she hasn't served the lodger notice. They had a contract.

This.
police did not want to have deal with accommodation and bail issues. If he was returning to your home, they have a ready made bail address.
you did the right thing. You shouldn’t be put at risk like this.

They don’t need to charge him to set bail conditions. He can be released under investigation so with no conditions attached while investigations continue or bailed with conditions post or pending charge. With something as serious as rape he would usually be bailed to an address so he is easily contactable (which is why the police have brought him home, to ascertain that he does live there) and conditions in place for the victim’s protection.

Meant to add, but couldn't edit, that of course someone can be bailed without charge. It's what the police do/CPS sanctions when they still don't have enough evidence to charge but want to keep investigating that person.

Lodger is there on licence, no notice period, no rights, so long as they didn't have exclusive use of the house.

Always worth remembering that the police do not have rights of access to anybody’s property without a warrant or fear of loss of life. They cannot barge their way in.

As long as he was a lodger and not a tenant then you’re fine. Afaik there are no laws to protect lodgers whereas there’s a whole lot to protect tenants ( rightly so)
Just be businesslike and brief with him. You could get him to sign something to say all his goods and chattels have been collected so he can’t claim anything was left behind.
There has to be “reasonable grounds” not to allow a person stay your home and an arrest as a suspected rapist is a reasonable ground — as would be say having an illegal firearm, planning a terrorist attack, possession of illegal images etc.. Your first responsibility is to keep yourself and any other people in the house safe. You know he has family in the area so he won’t be on the streets.

Not quite correct, it sounds like they have used their powers of entry under Sec 17 of Pace to arrest him overnight and they are then entitled under Sec 32 to search his room and any communal area of the house. Although for something like rape they could get a warrant quite easily. Everything has to be justified.

WTF?? 🤦‍♀️

How can someone be held within the control of the State by being on bail but not be controlled at the same time?
He was charged with a offence and arrested so the bail is the police retaining custody of his person/freedom without placing him in a cell.

In this case what is a reasonable period will be defined by the contract between OP and the lodger.

He is controlled by the terms of his bail. If he breaches them, bail can be revoked.

@thankyounextplease accused of rape. On MN it seems the subject of rape is so taboo we’re not allowed to use the actual word. It makes those of us who’ve been actual victims of rape feel even more isolated. But most posters don’t care about that, and continue to dress the word up with lots of asterisks *

He may have been arrested on suspicion of an offence and bailed pending enquiries. Sometimes there is not enough evidence available to charge within 24 hours and no necessity to hold them longer so the prisoner is released on bail to allow extra time for this evidence to be gathered. That could be for things like getting hold of CCTV or further witness statements or forensics, whatever will justify a charge or not. Bail conditions are set for a specific purpose so usually relate to the protection of someone or the prevention of a further offence or the prisoner being contactable by police so depending on the crime, sometimes there is no need for bail conditions to be set and they can be released under investigation instead.

@OldCottageGreenhouse I assume the poster who made that comment has searched OP’s previous posts and seen that she mentions a husband.

Quite a few of you said he has to be proven guilty however no one cleared him from the accusations at this stage either. I'm guessing there's an investigation going on. They wouldn't arrest him if the accusations weren't serious. And as one of you said, my priority is to make sure I'm safe in my own house.

I think they censor as on social media such as Instagram certain words get blocked.

In that case you're in the clear so far as his contract is concerned, because he's in breach of the terms of the contract. So nothing to worry about.

So he is still under arrest for the original charge.

If not the State would have the ability to hold and control individuals on a whim.

As your post demonstrates, we're grown-ups on MN and can and do use words like "rape" freely. However, OP could be excused for not knowing that, as words like this do get blocked on some social media.

But this is MN. It’s not censored.
And nor should it be.
I spent years, maybe decades, muttering that I’d been “attacked”, so as not to make people feel uncomfortable by using the word rape. Then I finally realised it was nothing to be ashamed of.

Be mindful though that you could add anything you like to the contract but that doesn’t necessarily make it enforceable just because it’s in the contract. Make sure it’s water tight and that any clause you do add to it is legally enforceable. I’ve known Landlord’s in the past think that because they said something in the contract it makes it legally enforceable.

If he breaches bail conditions then he is generally arrestable. If he is released under investigation then he doesn’t have any conditions to breach.