Throwing someone out: Rent-a-Room Scheme

baguio

Just want to get a view on legally ejecting someone from my house. I know the rent a room scheme is not a proper tenancy and just done under 'license agreement' but I still want to make sure i'm covered with the following scenario.

Someone I rent a room to told me some weeks ago that she would ultimately be moving out when her b/f's house is built. That was fine with me albeit i didnt inquire as to when that would be happening.

Anyways, this week, she didn't pay her rent (due sun - although she usually pays in by standing order every tuesday. Didnt say anything just in case it was a banking glitch but still no sign of it. I've txted her telling her the s.o. didnt come through and to leave cash before she heads away for the weekend. I think shes avoiding paying with a view to stringing it along for a couple of weeks and then moving out without any notice.
Although she pays weekly, I have always had a verbal agreement from the outset with each and every one of my 'house sharers' that 4 weeks notice is required.
We don't get on - i'm just as happy as she is to see her leave. However, this is typical of why we don't get on. I think its basic respect to just come and tell me when someones moving out. If theres no money left out before the weekend, I'll be giving her one last chance to contact me. After that, I'm boxing up her stuff and changing the locks.

Any legal comeback in proceeding as above?

Any le

MicraBoy

You are entitled to ask her to leave at any time. I don't see any point or advantage in "boxing her stuff and changing the locks". Do the right thing and give her notice. I think it is a bit rich saying you require 4 weeks notice and then thinking it is ok to turf someone on to the street without any notice whatsoever, just because they are slightly late with their rent. You can give her 5 days notice instead of 4 weeks if you are worried about getting stung for rent, but surely you have a deposit that will cover this anyway? Do you intend keeping that also?

RentDayBlues

As the owner you can ask her to leave now and she has to - its as simple as that. I would ask her face to face about the rent - emails/texts are just lazy. She what her story is and take it from there

baguio

@RentDayBlues: Yes - your right. And really every opportunity is there for her to do the right thing. She hasn;t approached me earlier in the week and told me there woud be a problem. If she had that would be fine (because its common courtesy). I've txted her and I will be following this up with a call over the weekend if i dont hear anything from her, we go to plan b.

@Micraboy: I'm fairly sure shes not being late with her rent - I suspect shes leaving. Its ME thats the one thats entitled to notice in this instance - and I havnt heard a word. If she strings things along till the end of next week, shes used up the value of the deposit between outstanding bills and overdue rent....leaving me with no notice to get someone else in.

Its pretty ignorant behaviour and if thats her plan, damn right I will be keeping her deposit. I have left others go before with little notice because they were straight up and sound about it. I want her out as much as she wants out but its the principle of the thing.

AARRRGH

Not all of the above advice is correct.

I have been in your situation before so have researched the whole 'rent a room' scheme quite heavily.

You have to give 'reasonable notice' if you are kicking her out. I would think, to be safe, that would mean one months notice. But it's totally subjective.

How many weeks rent is her deposit?

bangersandmash

AARRRGH wrote: »

Not all of the above advice is correct.

I have been in your situation before so have researched the whole 'rent a room' scheme quite heavily.

You have to give 'reasonable notice' if you are kicking her out. I would think, to be safe, that would mean one months notice. But it's totally subjective.

I'm not sure what's incorrect about the above. As you say 'reasonable notice' is an entirely subjective (and meaningless) term in this situation. In my experience it rarely means one month - more often it's one week. It's one of the main reasons that rent-a-room lets are disadvantageous from a tenant's perspective.

AARRRGH

bangersandmash wrote: »

I'm not sure what's incorrect about the above. As you say 'reasonable notice' is an entirely subjective (and meaningless) term in this situation. In my experience it rarely means one month - more often it's one week. It's one of the main reasons that rent-a-room lets are disadvantageous from a tenant's perspective.

I would think, if it went to court, a lot of people would think one weeks notice is unreasonable. Few people could argue with one months notice though.

bangersandmash

AARRRGH wrote: »

I would think, if it went to court, a lot of people would think one weeks notice is unreasonable. Few people could argue with one months notice though.

Perhaps, but I've yet to hear of such a case

Ideally the definition of "reasonable notice" should be agreed upon between both parties prior to moving in, preferably in a signed written agreement. Maybe something to do for the next time OP?

Jo King

The lodger has the same standing as a guest in a hotel. If she is in default with her payments she has no right to stay. She can simply be ordered out on the spot. It would be different if she had paid rent to cover a period of time. She would be entitled to stay for that period. Throwing her out in that situation in the absence of reasonable cause would be actionable. The chances of anyone even trying to sue are minuscule. If she goes to a solicitor she will have to pay money up front to have the case run. Someone who is too mean to pay rent on time will be too mean to pay legal costs.

baguio

In my house, sharers pay weekly. However, I verbally agree with each and every one of them that 4 weeks notice is required/given.

My understanding was like Jo King's ie. shes not paid her rent so she doesn't have any rights to notice....albeit that I want to make 100% sure...hence the question.
Only thing i'm concerned about is the suggestion that I didn't give her enough opportunity to pay....

Jo King

It is up to her to pay. It is not up to you to chase her. If she doesn't pay- she doesn't stay.

Victor

AARRRGH wrote: »

You have to give 'reasonable notice' if you are kicking her out. I would think, to be safe, that would mean one months notice. But it's totally subjective.

That might be considered reasonable, but not for someone who hasn't paid the rent.

baguio

She will be asked nicely for rent when she comes back on Monday. If theres nothing forthcoming ie. i get some bull**** story - then she gets half an hour to pull cash out of an atm. otherwise, out the bloody door.

A lot gets said about sharing with owner occupiers and to some extent i understand the frustration. However, people should have the good sense to be a bit more tolerant if they;re not prepared to move. Can't have it both ways. Giving the owner hassle and still staying put. If you don't like your living situation, pack your bags and freakin move!!:mad:

3 years doing this and whilst many of my tenants have been an absolute pleasure, get unlucky enough to have one or two of them at the same time and it can bring out the dark side big time!

Cantab.

baguio wrote: »

She will be asked nicely for rent when she comes back on Monday. If theres nothing forthcoming ie. i get some bull**** story - then she gets half an hour to pull cash out of an atm. otherwise, out the bloody door.

A lot gets said about sharing with owner occupiers and to some extent i understand the frustration. However, people should have the good sense to be a bit more tolerant if they;re not prepared to move. Can't have it both ways. Giving the owner hassle and still staying put. If you don't like your living situation, pack your bags and freakin move!!:mad:

3 years doing this and whilst many of my tenants have been an absolute pleasure, get unlucky enough to have one or two of them at the same time and it can bring out the dark side big time!

€10,000 is the standard rate for kicking someone out on the street. Best of luck.

baguio

Cantab. wrote: »

€10,000 is the standard rate for kicking someone out on the street. Best of luck.

This is my home Cantab - not a fully fledged rental property. Tenancy rights do not apply. She stays in my house under license agreement. She gets no €10k.

Merch

A lodger has virtually no rights, you can ask/tell them to leave in 24hrs, that is ALL the notice you require to give them, however I would be reasonable wether you get on with her or not, unless you feel there is some threat to you or potential damage to your property or any other lodger or their property.

Speak to her about it in person, talk it out first
, if you get paid on a week by week basis then for a lodger it may be considered reasonable to give a weeks notice, maybe she considers that? I wouldnt consider it unreasonable myself.
Communication errors can lead to dissagreements, it is always best to state at the begining what you expect and if that is reasonable to them.

If she has just gone out of contact (as in has dissapeared and is not in the house) and isnt paying and has not told you what her intentions are then I would be more concerned about someone entering the property when you are not there,your property in the house and anyone elses taht stays there than for a weeks rent.
If you are concerned and you havent heard from her (I reccomend you send her a text not just phone (keep the text) asking her what her intentions are and to prove you made an attempt to contact her) you are within your rights to change your locks on your home.
You can mention in the text "you want to know what her intentions are as you have not heard from her, if she is not paying then you want to re-let the room" If she doesnt reply within 24hours then I would text that you are a bit concerned that you have not gotten a reply from her and will have to change the locks, box her stuff which she can collect upon arranged meeting.
Do not say you will withold her stuff, but that you will hold onto it for a reasonable time but she could pick it up on agreement.

Do you have a deposit, perhaps she is thinking she'll work that off in fear you may not return it, or maybe she doesnt plan on sharing the outstanding bills?
If you dont get on well be glad she is leaving, but maybe something has come up too, a family emergency??
Also keep in mind buying a home is stressful, she may not know the exact date that the property is available and a month deposit and rent would be unfair to keep.
Tell her when she is leaving you only expect her fair share of the bills paid.

If you hear nothing, Id change the locks.
Its your home you can do that if you want but still its better for these things to go well than not.

Why do you not get on with her?

Been through all this before you meet some really nice people but you will meet the odd right asshole too.