Tenant who's always late with rent?!

dublindude wrote: »

Ah sorry missed the sublet bit!

Yes, if you sublet then the person is covered by the "rent a room scheme". Basically you just need to give him a months notice.

Just to provide a little update . . . (perhaps a little long)

I gave this guy a letter of notice asking him to leave the apartment at the end of the month. He went a little bananas and avoided me for a few days. Eventially we ended up talking and he asked if he could stay on until the end of the next month i.e. the end of october. He payed all his rent then for the remainer of his stay. He was content to move out on this date.

Yesterday, I contacted him to let him know some people would be coming to view the apartment and would it be ok for us to arrange a time for me to have the apartment. The response I got was that he wasnt sure of his plans at the moment and that he might take the apartment for an additional month. When I informed him that I had people lined up to view the apartment and that I would find it impossible to get people next month, as it would be 3 weeks before xmas, he said tough and that he'd moved out when he wanted. End of

By now he wants the details of the landlord and a copy of the ad which i placed looking for new tennents as he's taking it all to his solicitor as I am apparently harrassing him and unlawfully evicting him. Lets just say the tone has gone downhill and i now feel very uncomfortable having this person in my apartment. Its totally wrecking my head.

(Just to clarify, the apartment is let in my name only. I'm the only person on the lease and i pay the full rent to the landlords bank account.)

This is what threshold just said

"The arrangement you have is one of a licensing arrangement often confused with subletting. The difference is that when the tenant assigns or sublets their rental accommodation, they no longer live in it whereas a licensee shares the accommodation with the tenant.

Licensees are not bound by the tenancy obligations that apply to tenants and equally do not have the rights that apply to tenants. The tenant may take on a licensee to contribute towards the rent with the permission of the landlord; however the tenant remains liable to the landlord for the full rent amount.


If you have given the licensee notice to leave and he has refused to do so you must take alternative legal action to have him removed. "

Trust me. I've been more than patient with this guy. He's been constantly late with the rent and frequently broken house rules. I would have considered letting him stay on but now he seriously makes me feel unconfortable in my apt.

I pay the rent and all the bills on time and then have to wait around until he feels like paying me. I just want him out at this stage (not in a childish way) but clearly I cant see why he'd want to stay in the apt given all thats going on. And I think he's also about to not pay next months rent and call it his deposit. Ugh!

smcelhinney wrote: »

Is it that his work situation is volatile (as in, does he have occasional work, therefore is not always fluid with money) or is it that he's simply pushing you to see how far you'll go?

Have you asked him to maybe pay weekly? That way at least he's contributing and you dont have to chase him for a lump sum.

I understand that you're at the end of your tether, and you just want him out. The problem seems to be that you dont seem inclined to want to seek legal advice, and are hoping that common sense will suddenly strike him. Unfortunately, its my experience that people like this are not rational thinkers, he's probably justifying his behaviour to himself somehow.

What about getting the landlord to intervene? Im sure he would love to know the situation with his own house/apartment, regardless of whether it affects him financially or not. His resell or re-rent value on an apartment that's being mistreated by one party or another will deteriorate. Or you could spin it that way..

Never lie of course, lies make little baby jesus cry..

I've been more than honest with him (and of course here ) from the beginning so I'm not worried there. When I took out the apartment (through an agency) I made them aware that there would be someone else living in the apartment but they were happy to have just my name on the lease. So I did not pretend I was going to be living there on my own. Its registered in my name only and landlord is paid from my account by standing order.

I'm not a ba$tard or the likes and if someone came and said they were having genuine issues paying the rent I'd be understanding, but this was a constant fobbing off scenario. When it had gotten over the 2 week period last month (and that was 6 weeks late on bills) I issued him with notice to quit the apartment within 28 days which has now come and gone. I have checked with threshold and a friend who is a bassister has confirmed that its not legally subletting. He has been given statutory notice. He's basically just decided to leave when he wants to and doesnt see what my problem is. He's from the world of the arts and is being very theatrical about the entire thing. He's the victim.

Jumpy wrote: »

16 days now, and there still isnt a post where you have said you have gained legal advice.
Why is this still in After hours though?

As I said above, I've checked with Threshold (although I know what they give is advice and not legal positioning) and I've also had it confirmed by a friend who barrister (he has seen my lease).

I dont know why it is still in after hours

Hey Guys,

Just to clarify and perhaps help anyone in the same position as myself . . .

Spoke to a solicitor yesterday and . . .

Because

* The apartment is in my name only on the lease
* The rent is paid in full by me to the landlord

The apartment is mine and anyone else there is technically my licencee not a tenant. Also this does not count as subletting. The 'lodger' living there is a guest of mine and can be asked to leave with reasonable notice e.g. 10 days, 14 days and is not entitled to statutory notice because he/she is no way covered by accommodation legislation. This also means you don’t have to give a reason which would be required if he/she was letting the room. Beyond the notice period the person is legally trespassing on your property! :eek:

FunkyChicken wrote: »

Have you made him leave yet? What other "legal methods" are there to get rid of the guy?

Well all the above are legal. But if you wanted to fully cover yourself you could get a letter from the apts landlord stating that he is transferring the power to request an eviction to you.