PDA

View Full Version : Tenant or lodger? She is alleging harassment



athana
20-02-2005, 11:32 AM
I would appreciate guidelines on the following:
as I am abroad a great deal I took in student lodger (post-graduate) and then a business woman.
The business woman claims now that I am harraassing her after we had a disagreement about her verbal change of tenancy.
I have given her 2 month notice as agreed in our informal, email 'agreement' but am concerned that she is planning to :
1) charge me with harrassment (i.e. I turned the heat off during the day - failing to mention that I was in the house but she was at her office!)
2) money to end her distress and damage to her business (she's too busy having temper tanatrums toward me to work, I suspect Then she's quite calm and professional so these quick changes make me very anxious indeed.)
3) stay in the flat after the agreed 2 month notice period.
Most of all I am being bullied in my own home - I cannot bring someone into to wax the floors because I don't have her permission.
She is a LODGER.
What steps do I have, please, as the purpose was to cover costs and not to have a profitable business, so this person is a lodger.
Thank you!
Athana

Paul_f
20-02-2005, 11:53 AM
Mmmmmmm!!!!!

I wonder if you have unwittingly created what could amount to a tenancy agreement. To have a lodger you must be a resident landlord and as you're abroad quite a lot [you don't say how often or how much] this might disqualify you as a resident landlord.

What you think you've created is not what might have occurred. You must separate the tenant from the lodger as two entirely different scenarios apply.


A tenant/s has exclusive possession - if you're not there then they do!
A lodger has no rights of residence so can be evicted without notice even in 24 hours - but you say you have a two months notice clause in an e-mail exchange which she might try and use against you.
A written agreement could be a dangerous tool in the hands of your "lodger" so tread carefully.
If they should take legal advice you might find you're in for a rough time if indeed they consider that a tenancy was created - but - only the courts can decide.