Lodger Not Paying Rent

[eve1974]

Hello

I hope you can give some advice.

We took in a lodger on 27 March.

The agreement was to pay on the 27th of each month.

She had some difficulties after a change of jobs meant her pay date of each month changed from 25th to the 12th.

We agreed to help her by changing the payment date to 15th of each month. On condition that on the 15th of the next month the full rent AND the arrears were paid.

She paid the following month but NOT the arrears.

We were patient and said she could pay the arrears the next month. If payment day arrives tomorrow and she only pays for the coming month (i.e. not the arrears)

A) Can we evict her?
B) How much notice do we have to give? Our agreement said 28 days but as she is in arrears do we have to keep to this?
C) Can we keep her deposit? (The deposit was 2 weeks rent which is the same amount of the arrears)

We are patient and understanding but suspect she has no intention of paying the arrears.

The original agreement agreed to dates of rent due and the areas of the house that are communal (ie this is a lodger agreement NOT a houseshare) She has access to kitchen, bathroom, utility room, her bedroom but other areas (ie lounge and other spare room) are our private areas. we live in the house too.

Each time she has been late etc with arrears we have given written info on dates this is due by and amounts etc. We have not asked her to sign any of these.

We have not signed a new lodger agreement with the date change. (silly me)

In all I do not want unpleasantness but at the same time I think she is taking advantage. She is quiet and pleasant BUT...the lodger was taken in to help us financially and I really take umbrage if she thinks those 2 weeks in arrears (back in late May / early June) are just freebies - I feel like the longer this goes on there is a risk it will become unpleasant as I might just tell her she's a sponger !!!

I might (???) be wrong and maybe (???) tomo she will pay in full but the convo today revolved around all her woes and I cant help but feel this is to prepare us for tomo when she is short of cash again....

[ummmm]

Why don't you let her pay the arrears monthly?

Besides this is she a good tenant?

[eve1974]

spathiphyllum we have a lodger agreement which she and I signed. This details the common areas, the payment dates, the amount due and the dates due etc. Ummmm yes we would be happy to allow her to pay this off slowly - but (verbal) conversations to that effect have come to nothing. In addition I have to ask her for the rent each month (in other words its always a few days late and she says nothing until I ask for it). She is a good tenant in many ways but I do feel she is taking advantage now. General chit chat conversation makes me realise she is not curbing her spending on other aspects - and Im NOT one to say how she should spend her money BUT if you owe someone money you should not fly off on a long weekend break in Europe IMO ... and talking this morning of doing so again? I think if she even offered to pay like a small portion I'd feel less aggrieved.

[eve1974]

Each time it is us who ask for the rent / and arrears and each time it is us who try find a workable solution for her....its pretty one sided as I think if we didn't ask she'd just not pay lol .....

[eve1974]

Thanks Spathiphyllum - I hope it does not come to that but I want to know legally where we stand if it does and your answer helps alot

My plan if she does not pay full arrears tomo will be:

get new agreement signed:
1) with new payment dates (the 15th as verbally agreed)
2) put a clause in there saying deposit will be forfeited to the amount of any arrears if rent not paid
3) put a clause in saying in future failure to pay on time "could" result in 48 hour notice period.

NUmber 3 sounds harsh but I think it will protect us (and we are not ogres we will always listen to her side of the story if hardship going on and open to understand but at the moment I suspect we are being taken for mugs)

[ummmm]

I'd put a note on her door. Rent due on the ?

[kvalidir]

Hi Eve, you have to give 'reasonable notice' in law for even lodger and excluded occupiers and 48 hours isn't sufficient. Although I'm fairly sure it's not defined anywhere I would say a month was absolutely reasonable and you might get away with a week, but 48 hours really won't fly. You should have this in your agreement, and if you get this sorted out I suggest that you have a proper agreement in future, meanwhile if she's otherwise a good tenant try and thrash it out with her and explain nicely that you simply can't subsidise her. x

[237SJ]

Personally, for an easy life, I`d be inclined to deduct it from her deposit when she leaves for pastures new which you can do according to this https://england.shelter.org.uk/housing_advice/private_renting/lodgers

[Jackdaw33]

I don't know how much the arrears amount to but could she pay them off in six monthly instalments?

[ummmm]

That's what I think, Jack, up her rent until it's paid off. Decent lodgers who treat your house with respect are hard to come by.

I have a 26 year old daughter...and even at that age they can still be complacent with money. Doesn't mean they are not willing to pay.

A lump sum can be a lot if you have overheads. It could leave her with not enough for food. Stick £20 on her rent.

[douglas9401]

Sounds like she needs to be

dislodged.

[KARL]

I suggest you seek advice from Citizens Advice Bureau or else a lawyer. From your description it seems pretty clear that your lodger is content to try your patience as far as it can be stretched. If she had any bad conscience at all she would make sure agreements regarding her abode were honoured. Prepare yourself for evicting her and being well in arrears at that point, also that you may discover some/much/all of what she has told you about her circumstances is a fabrication. When revealing to her that she has to move out you should ensure there is minimum possibility from then on of her doing damage to your property. Once she is out, change the lock(s). Hopefully this either resolves itself amicably or else ends well overall.

[Canary42]

Is she fairly young ? In my experience the young today have a fixed me-me-me "entitlement" attitude and debts just don't bother them at all. She needs a jolt to bring her into the real world IMHO.

[Peter Pedant]

the starting point is here
https://www.citizensadvice.org.uk/housing/renting-a-home/subletting-and-lodging/lodging/what-rights-do-lodgers-have/

which I think you might have had already

it pretty obvious that she doesnt have that many rights and once she doesnt pay tomorrow start off with:
I think you should find somewhere else to stay....

I dont think shiny new agreements are the answer - she will sign and think - hey another four weeks ....

you need to realised this is a non starter
get rid
find new lodger