Our last few tips have looked a problem lodger situations, but of course this is not the norm.  Most lodgers get on very well with their landlord.  However all good things have to end, and sooner or later the day will come when your lodger leaves.

There are many reasons.  Most of my lodgers, for example, were students who were only ever going to stay for a limited time. Perhaps your lodger is moving elsewhere for his job, or has decided to rent a flat or even buy his own place.

You should try to make your lodger’s departure as pleasant as possible, if only because he will then be more likely to recommend you to other people.

Here is a list of the things you need to deal with.

If you have taken a deposit
You will need to check the condition of your lodger’s room against the inventory (inventories are discussed on day 16), this should be done shortly before they go.  It is  best if you do this with your lodger present and both go through the inventory together.

Hopefully the room will be in a spotless condition and you will be able to refund the deposit there and then. Otherwise proceed as follows:

• If you know how much it will cost to deal with the damage (for example if it is a broken desk lamp which you know you can replace for £15) you can simply deduct this from the deposit and pay the balance
• If you do not know the replacement cost or the cost of repair work, say them you cannot refund the deposit immediately. Get contact details and say that you will contact him once you know. Make sure you do this promptly.  It the delay is going to be longer than a week, give him a ring and let them know the reason for the delay.
• Once you know the cost, either send him the balance or arrange for him to call round for it, if your lodger prefers to be paid in cash.
• If there are rent arrears, you deduct this from the deposit after any damage has been deducted first.

Fair wear and tear – this is an important rule about deductions from deposits.   When considering deductions, you should not expect a property (ie for a tenancy) or a room (ie for a lodger let) to be in the same pristine condition it was in when the lodger moved in.  This is particularly the case if your lodger been there for a long time.  So long as the rooms is in a reasonable condition for the amont of time your lodger has been living in it, that is all you can expect.

This means that you will not normally be entitled to charge for cleaning or redecoration.  Unless your lodger has been smoking in his room in breach of his lodger agreement (see day 15), and the décor and furnishings have been damaged by the smoke.

Visitors book
I had a visitors book and got my lodgers to write in it on their last day.  They were always happy to do this (and always had a good look through the other entries), which means that I now have something to remember them by.  You do forget, and I think this is a nice thing to do.

Post
If your lodger gets a lot of post, suggest they arrange for a postal redirect. If you don’t mind re-directing their post for them, don’t forget to get their forwarding address!

However you will not want to act as an unpaid mail forwarding service forever.  Make it clear that you will only do this for a couple of months, and that post received after this will be sent back marked ‘return to sender’.

On the day that they leave
If they still owe you any rent, make sure you get a payment from them before they go.  Otherwise it may be difficult.

Make sure their room is checked properly before they go.  I once had a Japanese student leave £20 in travellers cheques in the bin.  If you find it now, this will save having to forward it on to them.

Unpaid rent
If your lodger is hard up or on a low income, in most cases you will not get paid, and it is best to accept this and move on.

However if you want to pursue it, be aware that the only way you can force someone to pay if they refuse to pay voluntarily, is by getting a County Court Judgement (CCJ) in the Small Claims Court (there is a money claims online service). You will need to have the new address for service of the court papers, so it is a important to get a forwarding address from your lodger before he goes.

After your lodger has gone
You have your room back! Lodgers are nice, but sometimes it is also nice to have your privacy back.  However if you need the money, you will have to start the whole process of getting a new lodger to take his place.

If you are the one moving out
Be aware that your lodger will only have lodger status (discussed on  day 1) if you are living in the property with him and sharing living accommodation. If you move out permanently, for example to go and work in another town, your ‘lodger’ will become a tenant.

As you will no longer be a resident landlord, the tenancy your lodger will acquire will be an assured shorthold tenancy.  The change will happen at the time when you move out.  You should therefore get your lodger to sign up a proper AST agreement when you go. You can find out more, and get tenancy agreements, from our Landlord Law service.

If you are selling your property, you should get your lodger to move out, at least by the time you are ready to exchange contracts, as your purchasers may not want to sign if he is still living there.

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What is your experience of the things in this section? Do you keep a visitors book? Have your lodgers ever left unusual or valuable things behind? Have you ever taken a lodger to court for unpaid rent?

Note – please see also this >> later post on dealing with possessions left behind

Although hopefully this will never happen to you, very occasionally lodger landlords will need to evict their lodger. Todays tips give guidance on this.

Caution – todays tip only applies to lodger landlords who share living accommodation with their lodgers.
The guidance given here regarding eviction, will *only* be applicable to landlords with lodgers living in their own home where at least some living space (e.g. kitchen, bathroom, sitting room – and preferably more than one room) are shared with the lodger (this is explained on day 1).

If your lodger only uses his own room, and in practice does not use any of the rooms used by you, the advice here will not apply to you and you should take legal advice.

Note  also that the property must have been your main residence for the whole of the time the lodger has been living there.

If you use the procedure set out here in circumstances where you are not entitled to, you will be committing the criminal offence of unlawful eviction.  You may also be at risk of being sued for financial compensation, and/or an injunction ordering you to let him back in again.

Notice to quit
Before following the information given in this tip, you must have given your lodger formal notice to leave. This was discussed on Day 19.  The effect of this will be to end your lodgers legal right to live in the property.

If your lodger refuses to go
In most cases, your lodger will leave as asked on or before the day given in the notice you have given him. However in a few cases (and this happens only *very* rarely) your lodger may refuse to move out. If this happens, consider first the following options:

• If your lodger is a student, complaining to his university or college may help. Or have a word with the accommodation office.
• If your lodger came to you via the HR Department of a local employer talk to them about it.
• Have a look at the lodgers application form (see Day 11). If there are any next of kin, consider contacting them to see if they can help.

However if none of this helps, you may have no option but to proceed to eviction.

Eviction
If you have a lodger who refuses to go, you can follow the procedure below. Note that save in cases of exceptional bad behaviour (preferably where you have reported matters to the police), you should not use this procedure unless you have given your lodger at least 28 days formal notice to leave. In all cases, at least one letter giving notice to vacate *must* have been given to the lodger, and the notice period must have expired.

Where you are evicting your lodger for violent or criminal behaviour, you should make sure you will be able to prove this if it is ever challenged by your lodger.  This is why getting the police involved when there are incidents, as suggested on Day 19, is a recommended.  Keeping a diary of events is another good idea.

1. On or shortly before the day the lodger is supposed to move out, ask him when he will be leaving. If he asks for just a day or two longer, you should normally agree to this, particularly if there is a genuine reason for his request (e.g. if he cannot move into his new accommodation immediately).  Otherwise, proceed as follows.

2. Arrange for the locks on your property to be changed at a time when your lodger is likely to be out for some time. (It is probably best not to warn your lodger of this beforehand in case he decides to stay in the property to prevent you doing it).

3. When you lodger returns, refuse to let him in. If you think that he is likely to cause trouble, arrange for the police to be present (it may be a good idea to arrange for this anyway). The police should attend if you tell them that you expect there to be a breach of the peace. If the police will not attend, make sure that you have someone else with you, to act as an independent witness.

If the police are not there and your lodger starts causing trouble, do not open the door (or shut the door before he gets in). Ring the police and ask them to come out immediately. Do not let the lodger back into the property.

It is very important that you use no force or violence whatsoever when evicting your lodger. If you do, this will put you in breach of the law yourself, and you will be vulnerable to being arrested and prosecuted by the police. This is why a passive eviction process of refusing to allow him back in is recommended. If your lodger attacks you, you can defend yourself, but you should be careful to avoid any situation where this can happen (e.g. don’t open the door). This is why having a Police presence is so important, as if your lodger becomes violent, they can deal with it for you.

4. Your lodger will be entitled to have his possessions returned to him. However, in most cases he should only be allowed back into your property (e.g. to pack) if there is police presence.

5. Under no circumstances should you or anyone in your house let the lodger in again after this. If he continues to cause problems, consider going to a solicitor and asking for an injunction. However it is most unlikely that this will be necessary. In most cases the lodger will accept the situation, particularly if the police have been involved.

General notes on eviction
The procedure outlined above should only *ever* be used as a last resort, against a lodger who has behaved badly towards you, and who has either been given several warnings and written requests to vacate but has totally ignored them, or who has behaved so appallingly that it is unreasonable for anyone to expect you to allow him to stay in your home any longer.

If you are worried about forcible eviction, it is a good idea to take legal advice first, but make sure it is from someone who knows and understands housing and letting law (preferably a solicitor). Give them a copy of this blog post and ask them if, in their opinion, the advice given here (and the section of the Protection of Eviction Act 1977 referred to below) applies to you.

If you decide to proceed without taking legal advice first, and are challenged about your right to evict a lodger in this way without a court order (either by the lodger himself or by any legal advisor on his behalf), tell them that your legal authority is contained in section 3A(2) of the Protection from Eviction Act 1977.

In the first part of this act, it states that no residential occupier shall be evicted other than by ‘due process of law’ i.e. by obtaining a Court order for possession. Section 3 of the Act then goes on to list various types of occupation where this rule does not apply – they are described in the act as ‘excluded tenancies and licenses’.  Sub sections (2) and (3) are the sections which provide for lodgers to be excluded.

You can read Protection from Eviction Act 1977 via this link.

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What is your experience of the things in this section? Have you ever had to evict a lodger forcibly? Were the police supportive? Do you have any tips for other lodger landlords?

In most cases your lodger experience will be a positive one. However sadly, this is not always the case. If you do experience problems, todays tips should help.

Stage 1 – talk to your lodger
If you are unhappy about something, have a word with your lodger about it. For example if he is not complying with your house rules (discussed on day 14), or is starting to pay rent late.

Bear in mind that it may be that your lodger is unhappy about something that *you* are doing, and this is the reason for his behaviour. We all have irritating habits – your lodger may find your love of opera played loudly as annoying as you find his failure to wipe the kitchen surfaces down after use. If you are both reasonable people you should be able to sort something out.

Getting it out into the open so you both know what the problem is, will generally be better than letting things fester.

However you should try not to get into an argument or say anything you might later regret. If you don’t think this is possible, it might be best just to write. Although if your relationship with your lodger has deteriorated to the extent where you cannot have a proper conversation with them, you may want them to leave anyway.

If the problem is about late payment of rent, there may be a reason for this – perhaps your lodger has had to take a cut in salary for example and is finding things difficult. It is better that you know this sooner rather than later.  For example, with good lodger who you would be sorry to lose, you might consider giving a temporary rent reduction.

Stage 2 – write a letter or note
If talking about the problem has not done any good, the next thing to do is to put it in writing. This may also be a good idea if your lodger is out a lot, and it is difficult to find a time to speak to him.

You may also find it easier to put your complaint in writing anyway, particularly if you get flustered and are easily intimidated by your lodger, or if you feel that he does not take any notice of what you say.

Your first letter need not be very formal. Just set out clearly and without using any language that might antagonise, the things that have been concerning you. Don’t be too accusatory, or say anything that you will later regret. Make sure you keep a copy, and that the copy is dated.

Stage 3 – write a second, more formal, letter
If your chat and first note doesn’t seem to have worked, you might want to try another letter. Or perhaps your lodger improved after your talk but has since slipped back into his old ways.

Make the second letter a bit more formal. You should also  warn him that if things do not improve you will be asking him to leave (assuming that this is in fact what you are thinking of doing).

Note that you do not *have* to do a second letter, and if you have already decided that you want your lodger to leave you can skip this stage and go straight to giving formal notice to leave. (Or if you are not going to ask him to leave, and think that he just needs a further reminder, you could do another informal letter, as discussed above)

The threat of being asked to leave may bring your lodger to his senses and hopefully you won’t have any more problems. However if he takes no notice and just carries on, then you should consider seriously asking him to go.  This is after all your house. If your lodger is behaving badly or not paying rent, you should not be expected to put up with this.

The first stage of getting a lodger to leave, is giving him a formal written notice

Stage 4 – give formal notice to leave
[Note: Todays tips are about problem situations. However in most cases where landlords ask lodgers to leave, it is for something non controversial which both parties understand (such as the landlord needing to use the room for something else). However, even here you should (just for the record) give your lodger a formal (although pleasantly worded) letter asking him to leave.]

Giving formal notice is the first stage, legally, in recovering possession of a property.

The standard notice period (for lodgers)  is ‘not less than 28 days’, ending at the end of a rental period. So, if their agreement is monthly and runs from the 12th of the month to the 11th, the notice should ask them to leave on the next 11th day in the month after 28 days.  If they have a weekly agreement which runs from Saturday to Friday, the notice period should end on the first Friday after 28 days. You should be able to tell from your lodger agreement (discussed on day 15) what the relevant days are.

If you are asking your lodger to leave because of relatively minor matters such as personality clashes or because they never clean the bathroom, you should give them the full 28 days so they cannot criticise you.

You should also read your lodger agreement carefully (if you have one) and follow any procedure set out there. For example it may state that you should give a longer notice period. If your lodger is not seriously in breach of the agreement, you should do this.

However for more serious problems such as aggressive or violent behaviour, or if you find your lodger has been using your property for criminal activities such as using or dealing in prohibited drugs (which will put him in breach of his lodger agreement), a shorter notice period may be appropriate.

Note – For very serious incidents, it may also be a good idea to tell the police when incidents occur. This will be helpful if you then need their help later if you have to evict your lodger (discussed on Day 20) as there will then be a documented history of (for example) violence, and they will be more likley to co-operate with you.

For cases of rent arrears, if you are using a professionally drafted agreement (as discussed on Day 15) , this will often say that the lodger’s license to occupy your property will end automatically if he is in arrears of rent of two months. However you will still need to give him a formal letter asking him to vacate.

There is a printed form of ‘Notice to Quit’, which can be used (the wording should have an option for licenses), but generally a letter saying that you are giving them 28 days (or whatever other period is appropriate) notice to leave, will be sufficient.  The notice to quit letter should just be about asking them to leave, and perhaps giving the reasons for this.  If you want to discuss something else, put it in a separate letter.

Note that the section 21 and section 8 notices used for assured shorthold tenants should *not* be used (for more information about these, and evicting tenants, see my Landlord Law web-site).

Tomorrow we will look at what you should do if your lodger refuses to go.

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What is your experience of the things in this section? Have you had any problem lodgers? What sort of things have caused problems? Do you have any tips for dealing with problem lodgers?