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Anewbe4u
28-02-2010, 21:53 PM
So, please be gentle, although I accept full responsibility for what has gone on!

I currently have a 3 bedroom flat which the mortgage is being paid on. I wanted to get some tenants in to help with bills and in my eagerness to get them in, possibly missed some things!

So, I advertise the room while I'm still living there and get a few people interested. I show the flat to one guy who is interested in one room. He agrees to move in. Being eager to get someone in I didn't ask for a deposit and only received 2 week rent in advance. So it’s me and him living in the flat.

Here my problem lies though, I knew nothing of AST's or anything like that but wanted a contract so went on ClickDocs and got a House\Flat Share agreement. I can post the basic template here if required. I tailored it to suit my needs with regards to rent and so on and payment dates and it also had a 2 month notice period required in it. He sighed the document and we lived somewhat happily for roughly 1 month until his first rent was due.

Now, after 6 months or so it’s got to the stage where not only has he not paid his rent this month (18 days late) he's also become unbearable to live with. I'm renovating at the moment and he ruins the work I've done, writes on walls, has people over at all times. I'm at my girlfriends 99% of the time otherwise I think we would have came to blows.

So, I've been looking for ways to get him out and I'm a little confused. Does my house share agreement which he signed hold up?

It states in it

Early Termination

Either party may at any time end this Agreement earlier than the end of the Term by giving to the other [NOTICE IN WEEKS/MONTHS] written notice to that effect and upon the expiry of said notice this Agreement shall end with no further liability for either party save for any existing breach.

So if I give him the notice, does he have to leave or is my agreement as worthless as the paper it’s printed on?

I can't actually remember the term on the agreement, I believe its 6 months but that up now anyway and it doesn't mention what will happen after the 6 months.

Sooooooooooooooo, what do now? Any advice will be really appreciated. Not concerned about getting money or anything like that, I just wish for him to be gone and one that’s done, I'll do my research first.

Thank you,

Jason

Anewbe4u
28-02-2010, 22:06 PM
Also, I keep reading about AST's and section 21s and 8s. Is a AST a default kind of thing or because he didn't sign one, can I not serve him a section 21?

Thanks again

jta
28-02-2010, 22:18 PM
Jason
It sounds as if you have a lodger, if you are living in the same property. You are a resident landlord. As a lodger he has very few rights of tenure. It's up to you if you want to give him a reasonable period of notice, personally I would tell him to pack up and go with no notice at all.

It is important that you do live in your property though so he cannot claim he is a tenant with a AST, you should certainly be sleeping there until you have got rid of him or he might end up changing the locks on you.

There is no need to serve a S21 or S8 on a lodger.

Anewbe4u
28-02-2010, 22:25 PM
Jason
It sounds as if you have a lodger, if you are living in the same property. You are a resident landlord. As a lodger he has very few rights of tenure. It's up to you if you want to give him a reasonable period of notice, personally I would tell him to pack up and go with no notice at all.

It is important that you do live in your property though so he cannot claim he is a tenant with a AST, you should certainly be sleeping there until you have got rid of him or he might end up changing the locks on you.

There is no need to serve a S21 or S8 on a lodger.

Excellent information, thank you. So what exactly is an AST? If I were to move out, he would automatically fall under the AST bracket and then he gets more rights and so on?

If he refuses to leave, what do I do then? I assume I can't throw his items outside when he leaves the flat?

jta
01-03-2010, 00:27 AM
Excellent information, thank you. So what exactly is an AST? If I were to move out, he would automatically fall under the AST bracket and then he gets more rights and so on?

If he refuses to leave, what do I do then? I assume I can't throw his items outside when he leaves the flat?

Assured
Shorthold
Tenancy.

Yes, if you moved out he would automatically have one, no matter what your agreement said, and he would gain a lot of rights as well. It is very important that you use the place as your main home.

As he is a lodger you can ask him to leave, if he does not he is trespassing and you could ask the police to assist you if you are in fear that things might kick off. Never mind what you said before about notice, simply say his behaviour is unacceptable. Stay calm and follow it through.

Anewbe4u
01-03-2010, 10:55 AM
Fantastic, that's really put my mind at ease.

Thank you very much for your help.

westminster
01-03-2010, 13:04 PM
If he refuses to leave, what do I do then? I assume I can't throw his items outside when he leaves the flat?

I'd give him 24 hours verbal notice. If he doesn't go after 24 hours, wait till he goes out and then get the locks changed (obviously, don't tell him that you're planning to do this!). Pack up his belongings ready for collection. Ideally, get a male friend to stay over so you have a witness if there's any trouble - but please note that you cannot use any physical force to remove the lodger. If he returns and causes any trouble, call the police. When it comes to returning his belongings, don't let him back inside to collect them; take them out to him and lock the door behind you to stop him slipping past and going back in.

Personally, I would spend less time at your girlfriend's over the ensuing couple of weeks, just to keep an eye on things.

If you ever get another lodger, get proper references next time, and a full month's rent in advance and a deposit.

See this website for lodger tips/advice
http://www.lodgerlandlord.co.uk/

Anewbe4u
01-03-2010, 13:41 PM
Thank you for the advice.

I'll certainly do it properly next time.