justdoitviv said: Posted on: 10/02/2018 00:18
I did not know where to post this so chose this heading.
I am a resident landlady, and an hmo, sharing all facilities with my guests/lodgers. As i understand the law, no one has exclusive use of their room, and i do not need to go to court to evict anyone. I need only give verbal notice, but preferable in writing, and witnessed but not legally required and it must be to what the contract states. + I add this because rla advisers on several times change their mind depending who i talk to. Some say i have to give a months notice. Others say, its what the rental period is, and others what the contract is.
My agreement states if the lodger stays 13 weeks they get greatly reduced rent. If they dont stay the 13 weeks,or force me to evict them, then the rent is higher, because i take in short term stayers at a higher rate.
I gave room 5 , 5 and a half weeks notice, when the contract states one week, and rent is paid weekly, because he just was not great at sharing a kitchen in an hmo. No hard feelings, but he was not obeying the house rules regarding the kitchen, he was upsetting me, and i had too many complaints. ie i had one person leave, because they had no use of fridge or freezer space and had to refund them £30 for the two weeks because room 5 took the whole fridge to himself.
I tried to find him alternative rooms, most turned him down. I was honest, there was no problem with this guy, but he can only share with one or two others the kitchen. I did actually find a gent, who would take him, who worked mostly and stayed in london So my problem with this guy wouldnt be a problem with him.
So i served the 5 and halve week notice. That time frame is because he came from the local caravan sites, which would re open in march, and he wasnt sure if he would return to his caravan, anyway, but he wouldnt be homeless with the 5 and half week notice., because he now had two options.
What happened next is unbelievable. He said he didnt have an arm chair in his room, Two flights of stairs for him was too much, being diabetic, I wasnt considering his needs. The fact that i said, he is sharing the kitchen with 5 others, and cannot be in the kitchen 2 to 4 hrs per night and i suggest if he wants the kitchen to himself (due to 3 others lodgers complaining they cant use the kitchen) he use it after 7 pm. I am going against his human rights. There was a lot of other complaints like no heating in the house, etc all untrue, as the gas certificate , two, cause there was a water leak can prove.
Any way he slightly improved himself in the kitchen area, but no where near acceptable. As now i have to call out the drain people.
Then one morning without him expecting, as it was early, he met me and the cleaner on the landing at a time he knew we would not be there. Like i thought HE WAS WEARING HIS WORK BOOTS. We caught him on camera. This is an absolutely no no as smoking in the house. I refuse to pay £800 a year to repair the lounge and dining room floors per year. His contract clearly states that his specific room has a soft, flooring not a hard wearing one, and can not cope with anything other than soft shoes, and that the passages and dine room will not cope with outdoor shoes Well for the 4th time i caught him out.
So i changed the notice two two weeks, providing he observed the house rules. Else i reserve the right to use my one week eviction notice, if he continues to break most house rules.
Well he left today, without telling me. I was worried about encase he said i kicked him out, hence the pics . It was by chance i found he left. Its only recently, per hr that i got conformation he left, early, as i was trying to return his deposit.
This is my question, .. I have managed to rent r5 for the next 2/3 weeks , so if i can fill it, he is to be let off the rent he owes me.
He is saying i evicted him giving him no choice . well i didnt even know he left. I got a text message later stating he couldnt find me to tell me he left. Am i to expected to on call 24 hrs? I dont think so.
My worry is.......he is now saying he did not get the peace and quieten he expected. The fact that i once or twice entered his room (which contract says i have A RIGHT TO DO SO,to clean the floors, hE did not receive the peace and quietment from the day he he moved in
Can someone tell me what he is talking about ?? i think he is tryig to stitch me up.. I will not be refunding anyone anything until i fully understand what this guy means. All resonses welcome , as i do not understand those words. viv