Lodger eviction

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peuta
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Advice please.

Took a lodger on just under a month ago. He paid one months rent and secutrity deposit in cash which I gave him immediately by return, receipts for.

He was given the excluded tenancy agreement (lodgers) from the RLA. Along with all other docs from site for information etc. he wanted to move in immediately as he was starting a new job - 12 month internship- having just finished university locally. (I know I should have waited but all seemed okay and the people in the house all went to same uni)

He moved in and said he would give me back the paperwork in a couple of days. - that was 31 July and I still have no paperwork, despite having requested it numerous times in writing as well as being asked for it.

Last Saturday week and again last Wednesday he was chased for the paperwork. He was given a deadline to get the paperwork and signed excluded tenancy agreement (with his signature so I can then sign it and return) back to me by 6pm on Sunday (yesterday)

This was also sent to him again on Saturday by text and email informing him if he did not meet the 6pm deadline then he is to pack his bags and vacate the property.

He then texts me saying he is very busy with work- a graduate intern with a local council - which is why he hasn't completed the paperwork, then he said he can't print it out, could I send him a hard copy in the post (another delaying tactic?) I responded instructing him to speak with my daughter who is the resident landlord and she will print out the documents and even scan them back in for him, but to check when she was in as she may be working on the Sunday. I also contacted my daughter and asked her to do this for me, which she did.

The lodger then went off walking in the Peak District all day Sunday and sent a text to my daughter saying he will not be back until late in the evening - so couldn't do the paperwork.

At 9.28pm I telephoned him and he ignored my phone call. I left a message stating that as he has consistently failed to return the required paperwork he must vacate the property by 6pm on Monday evening. I also followed this up with a text message and email formally instructing him to vacate the property.

As an aside to this, there has also been a theft of 500 from the house - rifled through someone's room - nothing else like computers, tablets, iPods, passports etc were taken, and the box where it we kept was not visible. We cannot point the finger at anyone specific in the house, but police are involved included the forensics team. (And I have read them the riot act) and they are investigating. The eviction is due to failure to complete the documentation etc not due to the theft in the property - hopefully the police investigation will ascertain who the culprit was.

Today, i have had constant texting and a phone call from him, demanding I let him stay -until tomorrow, a week, until the end of the month,he will fill out the paperwork now, he is entitled to his deposit back, he is entitled to his security deposit back, he is entitled to both amounts of money back, I can keep the security deposit, I can keep the rent money paid to the end of the month and so onHe will call the police, I can't evict him, I will make him homeless. Can we talk and discuss Etc etc. I have said no and I think? He finally gave up when I said if my own daughter had done as he has done I would evict her too, though I would not have been as generous to give her the extra 3hours grace period to get the paperwork to me.

I checked his room in the house and was shocked to see all there is is a pair of trainers, 1 pair of trousers, a shirt - nothing that you would expect a recent working graduate student to have - the room is as bare as a hotel room - so I am even more concerned.

I have been told not to return any deposits etc to lodgers if they leave until the police investigation is over as the culprit may be one who is leaving.

As a resident landlord with a lodger (who have never signed /completed and returned their agreement) only here for 3 weeks, can you please advise.

My understanding is they have no rights in law and can be asked to leave at any time. When I have served notice on lodgers before they have had up to 2 months to depart or they need to depart early and we agree on a mutual date, but they have always been delightful lodgers.

As this person has never done what he says he would do, I am not prepared to be lenient as I am positive if I allowed him to stay while he finds something else I will end up with either a 'squatter' or he will make no move to move out.

He threatened to bring the police with him this evening, which I said he was welcome to do so as my understanding is as a resident landlord the police will see him off the premises as he has no right to be in the property.

Any advice gratefully accepted.
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24/08/2015 09:42

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