Comments on: Day 20 – How do you evict a lodger who won’t go?

By: Tessa

Tessa — Thu, 30 Sep 2010 17:11:46 +0000

For both of you, provided you do actually live there, you should be all right in following the procedures set out in this blog. The fact that you have a second home should not mean that the home with the lodger is not your home also.

However if you hardly ever spend any time there, it may be difficult. You appreciate that on this blog I cannot say *definitely* that you will not be challenged by your lodger or that s/he would not succeed in any court claim for example for compensation for unlawful eviction. I can only say what is likely.

By: John Robinson

John Robinson — Thu, 30 Sep 2010 15:32:17 +0000

I have a very difficult lodger who despite having been given an extra two weeks beyond the signed lodger agreement ( ended september ) and a
months written notice has contacted a legal advice centre who has advised her she has an assured shorthold tenancy not a lodgers agreement as she has told them I do not live there. She also
says she has exclusive access to her room despite it saying she does not have exclusive access on the agreement. She is asking for £400 compensation or she will not go. I hold £200 of her bond/deposit. She has caused me a lot of grief over the six months. This is the final
straw. She is saying I do not live in the property, which is not true, I do not spend much time there as I have a separate flat I’m renting
as my daughter and I need privacy but I am at the house everyday cleaning, organising and have a room to myself there plus sharing all faciities
with the other lodgers, all my belongings are around the house. It was just a temporary arrangement as I plan to sell the house now, but I need her to go, I feel uncomfortable being there with my daughter. A possession order will
take too long, her notice was served for mid september. What can I legally do?

By: helen jacoby

helen jacoby — Thu, 30 Sep 2010 12:51:02 +0000

As landlord does house have to be my main residence for lodger agreement to count as I have lodgers in my ‘second’ home. I am usually there every other week, though with some longer gaps. One of my lodgers is now claiming more rights. what is the legal position?

By: Tessa

Tessa — Wed, 29 Sep 2010 06:23:31 +0000

It is to prevent this sort of dispute happening that it is a good idea to have a written agreement. Lodger agreements are governed by the terms of their contract rather than outside legislation, so what you agreed before she went in should apply.

So if you agreed that the lodger should give a months notice (a perfectly reasonable arrangement) then that is what she should give, and you are entitled to retain rent in lieu of notice from the deposit. The problem, if she ever challenges this at court, will be proving it as it will be your work against hers.

However I suspect the lodger is unlikely to take you to court and if she did you would have a good chance of being believed as it is such a standard clause.

By: Tony

Tony — Wed, 29 Sep 2010 02:44:43 +0000

she says as a lodger she does not have to give any notice at all. but we agreed verbally that she would have to give a months notice if she ever wanted to leave before she moved in and she paid the deposit and i gave her a receipt ( for which i have a copy off )

By: Tony

Tony — Wed, 29 Sep 2010 02:39:47 +0000

i have a lady lodger who when moved agreed that she is to give one months notice if she wanted to leave. she has been here at my apartment for one and half months and now wants to leave. but she wants to give 7 days notice and not a month. i have a months deposit from her. should i give her a weeks deposit as she is leaving 3 weeks early ? what right do i have ?

By: Tessa

Tessa — Fri, 24 Sep 2010 10:26:04 +0000

That is not something I can answer easily here as the answer will to a certain extent depend on how long your mother has been in the case home. You may need to get a court order for possession. I would suggest you consult local solicitors. Or you could use our referral service here: http://www.landlordlaw.co.uk/page.ihtml?id=328&step=2

By: Beryl

Beryl — Fri, 24 Sep 2010 09:25:18 +0000

Hello Tessa

I have just been granted Deputyship for my mother who is currently in a carehome. She has a long term lodger who has now invite another lodger in to my mother’s home. Lodger 1 owes over £1,600 and lodger 2 owns £350 and neither are showing signs of paying. I have issued notice to quit of 28 days to lodger 1 and 14 days to lodger 2 as he is there with no authorty from myself or my mother. My question is this: My mother needs to be returned to her own home now and I need the lodgers to leave to be able to do this. If they remain there my mother would be ‘at risk’- she was subjected to finacial and physical abuse by lodger 1 and is why she is now in a care home. From reading the above, where do I stand as this is not my home and my mother cannot return until the lodgers have left for fear of the abuse continuing?

By: Tessa

Tessa — Fri, 17 Sep 2010 10:34:08 +0000

Hi Natalie

You need to follow the procedures set out on this site. If you want any special ‘one to one’ advice, we have a fixed fee advice service http://www.lodgerlandlord.co.uk/advice/

By: Natalie

Natalie — Fri, 17 Sep 2010 10:19:36 +0000

Hi, I have had a lodger with me for 2 years, and previously we have had no problems. However, he moved his girlfriend in back in November which was agreed as 2 month temporary stay. She is still here, and they separated 3 months ago but has allowed her to stay sharing his room. She does not pay rent to me directly, but pays it to my original flatmate. I asked her to leave at the end of September (6 weeks notice), but since then she refuses to communicate with me and has created an unbearable atmosphere in the flat. She constantly bangs around, leaves mess and brings friends around without my permission. This has been exacerbated by the fact that my original flatmate has been away for 2 weeks and left me to deal with her. I then sent her another letter stating that given her behaviour and the distress she is causing me, I have no choice but to give her a weeks notice to leave (last Sunday). She wrote back saying that she refused to consider this note until my flatmate returns, and has not left. I have spoken to my flatmate but he refuses to do anything as he is ‘staying neutral’. None of us have ever had a written agreement, the flat contract is in my name and all living areas/kitchen/bathroom are shared. I now also would like him to leave, and definitely want her out as soon as possible. Can you please advise? Thanks