PDA

View Full Version : need help quickly pleases



judy
11-11-2005, 13:33 PM
I would like some help on getting an excluded sub-tenant/ logger out of my home. I will start from the beginning.
I rent the property that I live in from my mum and dad so I am a tenant my self. The tenancy is in my name only and I had 2 kids living with me at that time, I have been in my home for around 10 years.
In 1999 I let my boy friend move in with me but 3 year later 1 of my kids moved out dew to family upset. A month or 2 later me and my boyfriend split up but he would not move out as he was not working dew to ill healthy and had no money, so I said he could still live in the house with us as a logger as one of my kids had gone to live with her dad. He rents the back bedroom but shares the living room, kitchen, and bathroom. He was paying me £70 a month. Rent is dew on the 1st of each month. He has singed a written arrangement with me. Have included this at end of letter.
But now I want him out as his drinking and inappropriate behaviour to the kids and me is getting very bad. I asked him to move out every month sins Dec 04 verbally. I have written letters giving him 1 month to move out 2 times now (1 by recorded delivery) but he refused it, now the lasts letter I gave him in his hand, gave him till the 1st Nov 05. But he is still here. I cannot find a solicitor how will help as I am on income support. He has no intension in moving out and I am having to sleep on the living room floor as my other kid has had to come back to live with me. How do I take him court with out a solicitor? What forms do I need and where do I get them. Some one pleases help.

This is what is on the written arrangement between me and tenant: please not that this is on A4 paper folded in 2 and also used as a rent book.

On the back is this:
This is an agreement between Mr ****** (excluded subtenant)
And Mrs ******** (landlady/tenant)
For the letting of the upstairs back bedroom
Which includes lighting, heating with the use/share of
kitchen, living rooms and bathroom with the landlady
and family
At
****house address**** .
On a monthly bases.
---------------------------------------------------------------------------
On the front is:
RENT FROM A SUD-TENANT

This room is let monthly at a rent shown below,
Which is payable on the 1st of each month and includes
the use of bathroom, living room, kitchen and garden.
DATE RENT
1-APR-03 £70.00
1-APR-04 £70.00
1-APR-05 £70.00


Address of premises: *****house address***

Room rented: back bedroom

Tenants name: Mr********
His signature under it
Landlady: Mrs************
My signature under it.
____________________________________________

The inside is set out like this:
DATE RENT DUE DATE CASH RECIVED ARREARS RECEIVED BY
1/1/05 £70.00 2/1/05 £70.00 00.00 Mrs****
1/2/05 £70.00 1/2/05 £70.00 00.00 Mrs****
1/3/05 £70.00 1/3/05 £70.00 00.00 Mrs****
1/4/05 £70.00 1/4/05 £70.00 00.00 Mrs****
1/5/05 £70.00 1/5/05 00.00 £70.00 Mrs****
1/6/05 £70.00 1/6/05 00.00 £140.00 Mrs****

some one please help me get him out.
judy.

justaboutsane
11-11-2005, 13:55 PM
He is a lodger and as such you can now in effect throw him out! Next time he goes out change the locks and place all his belongings on the front door step. If he becomes abusive call the police.

judy
11-11-2005, 16:39 PM
hi
I have been told that I would end up in jail for doing that by the c.a.b. and I need to go thought the courts. would have to sore his things if I left them on the road side I would be done for littering and bumping illegal and any damage to his thing and I would have to pay. this is what the police tolled me. so i would have to sore his things and i can not do that as it will cost me £60 a week and thats more than i get a week.
I need to take him court but were do I get the forms to do that.
thanks any way
judy

lucid
11-11-2005, 17:38 PM
http://www.landlordzone.co.uk/forums/showthread.php?t=1192&page=1&pp=10

And again look here this thread maybe useful in determining whether the ex Bf is a lodger or tenant of sorts.

(Assuming he has nothing to do with the felling of trees that is! :p )

MrShed
11-11-2005, 19:02 PM
And unfortunately, the CAB(for once!) may be right. As it has been brought into question on that thread whether you can in fact just throw out a lodger.

*EDIT* he is definitely not a lodger. You are not the owner of the property, your parents are. Whether this is by name only or not is irrelevant, it is the name which is important. The guy is a tenant. I will not list the details of how to remove a tenant here, as there are numerous threads on this on the forum.