Getting rid of an unwelcome lodger

[brianhabby]

This question is on behalf of my father-in-law, who lives on his own.

About three months ago he was persuaded by some friends to allow someone to stay with him on a so-called temporary basis while he found somewhere more permanent to live. He fully expected that this person would be with him for approximately 2 weeks!

Months have gone by (about three and a half, I believe) and now my father-in-law cannot seem to get rid of this person despite asking him several times to leave. He (the lodger) keeps making excuses like he needs to find a job before he can find somewhere to live. I should also mention that there is no written agreement and no money has changed hands. This person seems to think he can sponge on an old age pensioner and get away with it.

As far as I understand (from browsing the web), my father-in-law should give this lodger 28 days written notice to quit. The real question that I can't seem to find an answer to online is:

What happens at the expiry of 28 days when the lodger is still there?

Also, does anyone here have any idea as to how to word the notice to quit as this is one we would like to get right?

regards

Brian

 

[TrimTheKing]

We've probably had this kind of discussion before and I can't remember the (legal) answers, but surely is he is not contributing financially, has no contract and is unwanted you can just throw him out. Go round, tell him he has a week to find something else then turf him!

If he is unwanted then surely he can't have 'squatters rights' or whatever name it goes by.

Sorry Brian, this is probably no help at all but these things really get my goat. I don't understand why (if indeed it does) the law protects these people. I would 'help' him pack his stuff and send him on his merry way.

 

[head clansman]

hi

no written agreement , no payment, no rent book , go round grab hold of the scruff of his neck and heave him out the door, end of . hc

 

[Rob_H]

If they're was no agreement, no tenancy laws apply and this is an unofficial arrangement so he can be told to leave when you like. Getting him to do this is much harder, I would change the locks whilst he was out, if he still refuses to leave, and leave his stuff outside. If he returns and causes problems, if his conduct is likely to cause a breach of the peace, you can call the police, although they won't get rid of him for you - unless he's breaking the law, they will just prevent the situation escalating.

 

[Dibs-h]

hi

no written agreement , no payment, no rent book , go round grab hold of the scruff of his neck and heave him out the door, end of . hc

+1 - That's my kind of solution.

 

[wizer]

yes I'd have though literally kicking him out was obvious? Unless said lodger has acted in a threatening way. In which case a call to the police will get him removed. Or better still as many blokes as is needed to make him go quietly.

 

[Chris By The River]

Brian,

What are your father in law's 'friends' doing to help?

They turned to him for help, now it's his turn to turn to them.

Failing that, where abouts does he live? If it's not too far I'd have him out in less than 5 minutes!

 

[Night Train]

When he goes out, change the locks, place his stuff outside and have lots of family and good friends round for dinner.

Call police if he causes a disturbance.

 

[Woodmagnet]

hi

no written agreement , no payment, no rent book , go round grab hold of the scruff of his neck and heave him out the door, end of . hc

+1 - That's my kind of solution.

+2 :wink:

 

[lurker]

He is not a lodger is he??
Lodger's pay rent

He is stealing (resources) just the same as if he was dipping into your FIL's wallet.

I suspect the police would legaly have a hard time, but I bet if you FIL went to the cop shop & had a chat they might help.

As someone else said where are the "friends" who started all this??

 

[head clansman]

hi

change your locks why :!: :!: :!: :?: no need for you to spend extra money its your home, to be a lodger he ain't , no rent book , he's just a blood sucking parasite feeding off of you who has long outstayed his welcome . Be the master in your own home stuff the law if there anything like in my area they wont want to know anyway , and so what if they do what are they going to do to you lock you up and throw the key away , i don't think so . hc

 

[kityuser]

1) take the keys back (if he has any), I mean TAKE

2 a) throw him out
2 b) kick his a*se, then throw him out


done

Steve

 

[TonyW]

I can certainly sympathise with the situation your Father in law finds himself in and the views of those that say kick him out and leave his stuff outside.

I am no expert and have very little knowledge on the subject other than hearsay from others. I would urge some caution on just throwing someone and their belongings out and would seek some professional advice first.

FWIW - my thoughts on this.

1. What is the legal definition of a lodger?
AFAIK a lodger is a person who lives with you, is provided with meals and services (such as cleaning, provision of linen etc), and who does not have her/his own separate accommodation. If this is the case then could he still be considered a lodger even without any payment being made?
While there seems to be no written contract could the lodger claim that verbal contract had been made- if so is a verbal contract legal?

2 Perhaps your F.I.L. could present his 'lodger' with a 7 day eviction notice and a bill for the last 3 months say £200 per month :lol:

3 Could he be classed as a Squatter?
Squatting is where you live somewhere without any legal rights. It isn't against the law but you can be evicted very easily. You can also be arrested if you damage the property or, in some circumstances, if you refuse to leave.

4 Before you take any action kicking someone out make sure you think carefully and do not land yourself in an 'legal hot water' by not doing things the correct and legal way.
I don't think you can just throw them out and leave their belongings on the street. If the persons belongings are damaged or stolen (or claimed to be!) then you would be liable!

5. As this person (lodger?) is simply sharing your home you should not need any other action than notice to quit. I believe a reasonable time frame is considered to be 28 days - but in your case it could be seen that the person has acted unreasonably so it may be ok to offer shorter time period e.g. 7 days.

As I said at the beginning I do not have any knowledge of the legalities here so purely an opinion.

Good luck

Cheers
Tony

 

[woodshavings]

Have a word with your local CAB, I am sure they will help.
John

 

[bodgermatic]

IIRC, to squat you must be in 'adverse posession' of the property.That is, you have secured the property against the legal owner, and are not hiding your presence from them (they should have a reasonable chance of knowing that you are there). i.e.: the 'lodger' would have to have turfed you out and changed the locks to stop you getting back in. Additionally, squatter's rights (where the ownership passes to the squatter) take 7 years of adverse posession to acquire. IANAL.

 

[big soft moose]

If the persons belongings are damaged or stolen (or claimed to be!) then you would be liable!

no you wouldnt - if youve told him to remove them , then he has no legal right for them to remain on your property - in fact after a reasonable timeframe had elapsed they would be considered to be dumped and could be legally disposed of.

However before getting confrontational , it would be better to try to resolve the situation calmly and amicably , not least because your FiL lives alone and it will be him that bears the brunt of any comeback.

Therefore I would suggest that you (and possibly some other large and hairy , yet amicable mates) go and give your father in law some back up while he tells this guy that he wants him to leave by the end of the week. ( it is possible that your father in law hasnt made it explicitly clear as he may be afraid to on his own ) It isnt reasonable to expect him to leave imideately as even dss accomodation will take a few days to arrange.

If he gets aggresive call the police. If he tries to refuse to leave tell him that he is no longer welcome in the house and that he has no choice - if he still refuses to leave he is essentially intruding and again the police can act.

if he agrees, return (with said posse of large hairy mates) to make sure he does depart , and make sure you get his keys back - then change the locks anyway in case he has had illicit copies made.

Dont give him written notice to quit , or such because this suggests that a de facto contract was in place (contracts dont have to be written) and may confer rights that he doesnt currently have.

and likewise don't refer to him in writing or verbally in front of witnesses as a "lodger" he is not a lodger and you dont want to legitimise him as such - if no money has changed hands his status is actually that of a guest who was there at your fils invitation alone - if such invitation no longer applies then he is trespassing.

 

[brianhabby]

Thanks for all your, very interesting and thought provoking, comments.

We've been told that this unwelcome person intends to leave of his own volition in the next few days so we'll monitor the situation carefully.

regards

Brian

 

[devonwoody]

RogerS I think has got a nice doggie, its a R tvr. who doesnt like lodgers.

 

[RogerS]

RogerS I think has got a nice doggie, its a R tvr. who doesnt like lodgers.

Have you been on the pop again, dw? I haven't the faintest idea what you're on about!

 

[devonwoody]

RogerS I think has got a nice doggie, its a R tvr. who doesnt like lodgers.

Have you been on the pop again, dw? I haven't the faintest idea what you're on about!

Just lateral thinking RS.