Ha, he will find three weeks on Sunday that all his stuff will be outside, I would like to do it sooner, hence my visit to the solicitors tomorrow.
He owes you loads of rent,and you will probably have a bill from a solicitor.
Dont waste your time and money allowing him to owe you a further three weeks rent - Just give him 24 hours notice,and sling him out
If there is no written agreement you have helped out a friend,who has paid a token sum,who has abused your kindness.
OUT :-)
He owes you loads of rent,and you will probably have a bill from a solicitor.
Dont waste your time and money allowing him to owe you a further three weeks rent - Just give him 24 hours notice,and sling him out
If there is no written agreement you have helped out a friend,who has paid a token sum,who has abused your kindness.
OUT :-)
Not sure if I have mentioned but it is a free session I have with the solicitor so no bill. So its worth me going.
Anyway, the solictors werent that helpful. It was more a consultation rather than free legal advice, they said I had done things correctly so far however if I wanted them to send out a formal Notice to Vacate they could do it for £75+VAT. Said I dont think thats needed as I will happily bag his stuff up three weeks on Sunday.
They also said given the amount involved it wouldnt really be worth their while. They charge £750+VAT for a fixed fee service in taking tenants to court, however for a fee of £150+VAT they would do all the small claims court paperwork for me. So not cheap, I'll probably do the paperwork myself. Will be worth the £60 to know he will sh*t himself when he gets the letter.
Anyway, the solictors werent that helpful. It was more a consultation rather than free legal advice, they said I had done things correctly so far however if I wanted them to send out a formal Notice to Vacate they could do it for £75+VAT. Said I dont think thats needed as I will happily bag his stuff up three weeks on Sunday.
They also said given the amount involved it wouldnt really be worth their while. They charge £750+VAT for a fixed fee service in taking tenants to court, however for a fee of £150+VAT they would do all the small claims court paperwork for me. So not cheap, I'll probably do the paperwork myself. Will be worth the £60 to know he will sh*t himself when he gets the letter.
I agree with Dalek on this one, don't "kick him out" but you should do a proper controlled eviction process, which you are doing with your 28days notice letter. But it's not about abuse, it's about respecting his tenant's rights and keeping within what you're legally allowed to do as his landlord.
(If he fails t' move out after that 28days, then kick him out)
But you must take care of his possessions if he does not take them with him and give him reasonable chance to collect them. (You could carefully remove them to the garage so he does not need to enter your house to pick them up).
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If memory serves, you may have to keep his possessions safe for up to 6 years if he decides to take his time.
If memory serves, you may have to keep his possessions safe for up to 6 years if he decides to take his time.
I think that's a bit of an urban legend. You need to make fair and reasonable allowances for the guy to get his possessions back. The shelter website says 2 weeks is a usual time frame for evictions involving bailiffs.
I think the 6 years may come from a case where the evicted party was chasing the landlord to arrange collection but the landlord was obstructing that, and 6 years later he got full value of his property as the landlord failed to allow the collection of the property. But don't quote me on that.
How did you find the lodger? Did you get a reference from his current employer? If so say youre going to send a copy of your solicitors letter to them. May help in changing his mind about leaving a bit earlier.
I agree with Dalek on this one, don't "kick him out" but you should do a proper controlled eviction process,
It's a lodger, not a formal tenant. Presumably there was an agreement for the lodger to occupy a room in exchange for paying rent. Since the lodger is no longer keeping his part of the agreement, there is no reason for the landlord to keep to his.
It does sound like the landlord is getting a kick out of the situation by wielding this power over the lodger, although he should take care because it's his property and possessions at risk if the lodger turns nasty, or suddenly disappears with no forwarding address after trashing the place and/or taking a few souvenirs with him.
It's a lodger, not a formal tenant. Presumably there was an agreement for the lodger to occupy a room in exchange for paying rent. Since the lodger is no longer keeping his part of the agreement, there is no reason for the landlord to keep to his.
It does sound like the landlord is getting a kick out of the situation by wielding this power over the lodger, although he should take care because it's his property and possessions at risk if the lodger turns nasty, or suddenly disappears with no forwarding address after trashing the place and/or taking a few souvenirs with him.
It's a lodger, not a formal tenant. Presumably there was an agreement for the lodger to occupy a room in exchange for paying rent. Since the lodger is no longer keeping his part of the agreement, there is no reason for the landlord to keep to his.
It does sound like the landlord is getting a kick out of the situation by wielding this power over the lodger, although he should take care because it's his property and possessions at risk if the lodger turns nasty, or suddenly disappears with no forwarding address after trashing the place and/or taking a few souvenirs with him.
A lodger whom you charge rent to share your home has pretty much most of the same tenants rights as they would if you were renting them out the full house. The main differences are that it is slightly easier to get him out, in as much as the notice period can be much shorter (as low as the normal rental period, therefore it is best to charge lodgers weekly) and you don't need to go through courts etc. once that notice is disobeyed.
Also it is worth noting that applies if you are charging rent - the fact that the rent isn't being paid does not negate the fact you are still charging in. Effectively the unpaid rent and the eviction become two separate issues in legal terms.
If he turns nasty and trashes the place then that would be a police matter of criminal damage and theft.
If memory serves, you may have to keep his possessions safe for up to 6 years if he decides to take his time.
The Torts (interference with goods) act 1977 gives guidance on what notice bailiffs need to give before sale of goods post-eviction, not sure if that only applies to court bailiffs rather than private evictions. But that is 3 months if monies are owed, and 28 days if not.
A lodger whom you charge rent to share your home has pretty much most of the same tenants rights as they would if you were renting them out the full house.
No, lodgers have a lot fewer rights than tenants. It is the landlord's home and they get to choose who they have on the premises.
(This is where the lodger shares facilities with the landlord. If the lodger's accommodation is a bedsit or is self-contained, then that can become more of a tenancy.)
No, lodgers have a lot fewer rights than tenants. It is the landlord's home and they get to choose who they have on the premises.
(This is where the lodger shares facilities with the landlord. If the lodger's accommodation is a bedsit or is self-contained, then that can become more of a tenancy.)
You're all far too polite. I'd have dragged him out my house and chucked his stuff out too. What will he do? Run to cops and say he was kicked out for not paying rent and he has rights, balls to that. At least he'd be out.
More than likely. My partner heard him on the phone to someone last night (probably his mother). He admitted to her that he was behind with it and he was worried. As for what he would do when he got a small claims court letter, he would panic, he wont even walk to the nearby tram stop after dark, he is a total pussy.
How did you find the lodger? Did you get a reference from his current employer? If so say youre going to send a copy of your solicitors letter to them. May help in changing his mind about leaving a bit earlier.
I know exactly where he works and given that he probably wont leave me a forwarding address, that is where papers will be served. By hand, if that is an option. Hopefully his boss will see me do it as he works in a major supermarket (not for the supermarket but for one of the stores within it)
It's a lodger, not a formal tenant. Presumably there was an agreement for the lodger to occupy a room in exchange for paying rent. Since the lodger is no longer keeping his part of the agreement, there is no reason for the landlord to keep to his.
It does sound like the landlord is getting a kick out of the situation by wielding this power over the lodger, although he should take care because it's his property and possessions at risk if the lodger turns nasty, or suddenly disappears with no forwarding address after trashing the place and/or taking a few souvenirs with him.
Im getting no kick out of it. I want him gone, I want my house back, I just want to do it legally. And I know where he works and also where his parents live so he will get away with taking nothing.
You're all far too polite. I'd have dragged him out my house and chucked his stuff out too. What will he do? Run to cops and say he was kicked out for not paying rent and he has rights, balls to that. At least he'd be out.
Comments
He's probably not that concerned as he thinks he's not going anywhere and ishappy not paying rent to his current one.
Ha, he will find three weeks on Sunday that all his stuff will be outside, I would like to do it sooner, hence my visit to the solicitors tomorrow.
He'll probably just ask someone else
More patience than me i'd have him out on the street by now!
He owes you loads of rent,and you will probably have a bill from a solicitor.
Dont waste your time and money allowing him to owe you a further three weeks rent - Just give him 24 hours notice,and sling him out
If there is no written agreement you have helped out a friend,who has paid a token sum,who has abused your kindness.
OUT :-)
Not sure if I have mentioned but it is a free session I have with the solicitor so no bill. So its worth me going.
They also said given the amount involved it wouldnt really be worth their while. They charge £750+VAT for a fixed fee service in taking tenants to court, however for a fee of £150+VAT they would do all the small claims court paperwork for me. So not cheap, I'll probably do the paperwork myself. Will be worth the £60 to know he will sh*t himself when he gets the letter.
You could always do Judge Rinder for the rent (!)
Will he REALLY tho...?
(If he fails t' move out after that 28days, then kick him out)
If memory serves, you may have to keep his possessions safe for up to 6 years if he decides to take his time.
I think that's a bit of an urban legend. You need to make fair and reasonable allowances for the guy to get his possessions back. The shelter website says 2 weeks is a usual time frame for evictions involving bailiffs.
I think the 6 years may come from a case where the evicted party was chasing the landlord to arrange collection but the landlord was obstructing that, and 6 years later he got full value of his property as the landlord failed to allow the collection of the property. But don't quote me on that.
It does sound like the landlord is getting a kick out of the situation by wielding this power over the lodger, although he should take care because it's his property and possessions at risk if the lodger turns nasty, or suddenly disappears with no forwarding address after trashing the place and/or taking a few souvenirs with him.
There is still a legal way things have to be done. https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=0CCoQFjAB&url=https%3A%2F%2Fwww.gov.uk%2Frent-room-in-your-home%2Fyour-lodgers-tenancy-type&ei=DuuXVcGgIO6S7AaE5pKIAw&usg=AFQjCNFiTVCJ8x1qESRIlxUmN8Trm_DgXg&sig2=U-3zM9i_hafjt0g9taopmw&bvm=bv.96952980,d.ZGU
A lodger whom you charge rent to share your home has pretty much most of the same tenants rights as they would if you were renting them out the full house. The main differences are that it is slightly easier to get him out, in as much as the notice period can be much shorter (as low as the normal rental period, therefore it is best to charge lodgers weekly) and you don't need to go through courts etc. once that notice is disobeyed.
Also it is worth noting that applies if you are charging rent - the fact that the rent isn't being paid does not negate the fact you are still charging in. Effectively the unpaid rent and the eviction become two separate issues in legal terms.
If he turns nasty and trashes the place then that would be a police matter of criminal damage and theft.
The Torts (interference with goods) act 1977 gives guidance on what notice bailiffs need to give before sale of goods post-eviction, not sure if that only applies to court bailiffs rather than private evictions. But that is 3 months if monies are owed, and 28 days if not.
(This is where the lodger shares facilities with the landlord. If the lodger's accommodation is a bedsit or is self-contained, then that can become more of a tenancy.)
That's a fair point.
You sound like a soft touch mate. Man up
Watched that for the first time yesterday. he is an odd character, isnt he? Think I will stick to Judge Judy
Well he is still there today. Im going to stick to the 26th July as per the letter I gave him.
More than likely. My partner heard him on the phone to someone last night (probably his mother). He admitted to her that he was behind with it and he was worried. As for what he would do when he got a small claims court letter, he would panic, he wont even walk to the nearby tram stop after dark, he is a total pussy.
I know exactly where he works and given that he probably wont leave me a forwarding address, that is where papers will be served. By hand, if that is an option. Hopefully his boss will see me do it as he works in a major supermarket (not for the supermarket but for one of the stores within it)
Im getting no kick out of it. I want him gone, I want my house back, I just want to do it legally. And I know where he works and also where his parents live so he will get away with taking nothing.
OK, thanks.
If he has a tenancy agreement, signed up for and witnessed then he does have rights as a tenant.
Unless the rules have changed?