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View Full Version : I have an immediate problem. need help



Elektratek
16-02-2007, 23:56 PM
i am using a friends log in as im unsure what to do, i rented out my spare room to a friend i signed a whsmiths over the counter contract which states both of us have to give each other 2 months notice, he has laid a patio for me which he said he was going to do it for free as he was a good friend to me, now he has given me a bill for 600 pound. i said he couldn't charge me for something he told me was free (as we agreed). he has given me his notice but has told me he is going to smash up the patio and isn't going to pay me anymore rent for the next 2 months, where do i stand on this. if he does not pay his rent on Saturday as agreed... is the contract null and void... and what time frame do i have to get him out.
He is being really awkward now, and i don't feel the same in my own home.
Can someone tell me where do i stand on this, and what rights do i have?

thanks in advance

ZOE

MrShed
17-02-2007, 00:07 AM
You will not get him out prior to the two months without some form of financial liability by yourself. He is not a tenant, he is a lodger, and as such has no security of tenure. BUT, you have effectively given him security of tenure by signing a contract with him giving him 2 months notice period.

HOWEVER, and I would like to await confirmation from someone else on this, as he is a lodger and not a tenant, I believe the signed contract will only be covered by contract law rather than statute renting law. As such, I believe that you could safely remove him from your home having given "reasonable" notice - a week, or maybe slightly less - without the fear of unlawful eviction criminal charges, as you would have in a tenancy. However, he could sue you for breach of contract for damages. I have no idea what damages this could entail.

Elektratek
17-02-2007, 00:30 AM
Now in reply... if he were not to pay his weekly rent on time.. is this breech of contract(as advised by my solicitor) and get him out sooner.?
Does he have a path of recourse towards me.. or can i physically remove him? locks etc.? Need him out.. because i now feel threatened in my own home
thanks

Bel
17-02-2007, 00:36 AM
I agree with Mr Shed

What kind of agreement is it ? What does the main title say? I hope it is a residential landlord, or lodgers agreement. 2 months is waay too much notice for a lodging agreement though. Next time keep it much shorter.

In the first instance look at your agreement for what it says about bad behaviour or breach of contract by your lodger.

If he doesn't pay rent for the next 2 months that would be breach of contract. You would be entitled to make a claim against him to recover the money if he stayed in residence.

If you do not feel safe in your own home i would call the police for advice. Get the call logged in case he sues you for breach of contract if you decide he should go sooner; it will be evidence and justification for any action you might take.

You could have good grounds to ask him to leave immediately if you are being harrassed in your own home. The best way is to change the locks when he's out. If you really feel unsafe, then I would put my safety first, and worry about the possibility of a court case second.

MrShed
17-02-2007, 08:36 AM
Totall agree with Bel's last point there. If you feel unsafe, I would not concern yourself with the financial cost - at the end of the day, he probably wouldnt sue anyway etc etc. Other than for financial reasons, as far as I am concerned, you can kick him out whenever.

Poppy
17-02-2007, 09:46 AM
Stupid thought. Why not consider telling him to leave at the end of the week because his invitation is up and that you will pay him £600 for the patio on the day he leaves.

Keep it friendly.

Next time you decide to take in lodgers you only need to agree rent payments, the notice period (no more than a week in my yard) and give them a weekly rent book.

MrShed
17-02-2007, 10:07 AM
Not a bad thought IMO - may be worth it to resolve the situation.

I realised I missed your point a while ago as well. If he does actually smash up the patio, this would be criminal damage, and he would be liable for it, as well as committing a criminal act.