Updating post from Reddit.
I have a huge problem with my tenant. No agreement, nothing, just the message form Spare Room. He pay me £500 rent plus £200 deposit. This was on 1st November. Now is 5th and I don't want him anymore, even a day. He Damaged my stuff form the kitchen, no cleaning after him, all the time drunk. When he cooked is mess, smoke everywhere. Sitting at the table and drink every night, cooking at 1am in the morning, starting the smoking alarm. His attitude is like, "I haven't did anything wrong and cannot take me out" ... Make my life hard in 5 days. What can I do to take him out ASAP, my wife said to take his luggage and put outside now and if police or anyone come, just said "I don't know who is this guy". I'm a bit desperate to evict him. He said on 1st December will move out, But not early then that.. I think legal process will take a lot of time to evict it. I need help with some suggestions.
It sounds like he is a lodger, not a tenant, which gives you better options.
More details please
Do you exist within the same property? Do you share kitchen, bathroom, living room etc with him? Does he only have his bedroom as the only room that is for his single use? If so, he's a lodger. Lodgers have very little rights. You can legit change the locks when he leaves and he has no real recourse even though it's polite to give 7 days.(You do have to evict peacefully though. No violence or threats.) If not, he's a tenant, which makes it all more complicated.
We leave together, share everything.
How can I take him out ASAP?
He has money, has a company so if I take him out will not be any safety or leaving on the street issues. If I put his luggage outside tomorrow? What gonna happen?
Then he's a lodger and not a tenant then. You are classed as "excluded occupier," too, as you share facilities.
Basically, you have to give "reasonable notice," but the term "reasonable notice" is a bit of a wild wild west term. Reasonable notice can be any kind of time, Like with safety issues, it can be argued that reasonable notice can be get the hell out right now, or I'll call the police sort of thing. It's a veryyyy flexible term.
How often does he pay rent? A lot of times people will use the frequency of rent as their guidelines for reasonable notice e.g. weekly vs. monthly.
You may want to give him a week as reasonable notice, and if he's not out by the week, change the locks next time he leaves after that period.
But
> If you’re experiencing a serious dispute with your lodger, which involves violence, or you believe there is an imminent threat of violence, you should contact the police and the lodger agreement should end immediately. If your lodger refuses to leave, the police should assist.
>Depending on how inappropriate your lodger’s behaviour has been, depending on how serious the matter is, you can still serve notice with 24 hours to a week’s notice. Make sure you always serve a written notice, though, explaining your reasons for the short notice. Keep a copy for your own records, and make sure both are dated and signed.
^^^ That is from the Lodgers Guide UK site that I recommend you read if you're going to carry on having lodgers within your home as it gives you a rundown on everything you need to know amongst other sites that will give you more info.
So you can probably argue that his behaviour is intimidating and somewhat aggressive thus why the "reasonable notice" is quite short. Or smoking inside is causing health concerns, e.g, asthma.
So you can pretty much say he needs to vacate in a day or two. I would text it so you have proof you've asked him to leave rather than rely on verbal agreements. And if he refuses to leave, you can get the police to assist. Though some police might be useless if they don't know the rules around lodgers but they SHOULD help, though, who knows with the amount of underfunding that's going on.
I would get the agreement to vacate either written down physically or electronically for proof. Don't rely on verbal.
You should go to citizens advice and speak with them. Ask for a translator too.
If you have no tenancy agreement and he's just a lodger call the police and explain to them what's happening. He has no legal right to be there if he has no contract. Just subtract the amount of days he's been there from the money he has given you and give in the rest of his money back. Good luck.
If I'm going to put his stuff outside, I will get in trouble?
Offer him all his money back plus 100 quid. He might accept it.
And if not when he goes out, put all his things outside plus his money and deny all knowledge...lol
Foreign landlord wants tenant out because he likes a drink and sometimes cooks food at hours landlord deems not normal. Really???????
If you woke up at 1am, 3 days in a row because he is cooking and smoking alarm start.. He has only 5 days. What you doing to do?
That’s the risk you took
This comment is low-key racist. Why even mention he's a foreigner?
Are you suggesting us local landlords would enjoy living with an irresponsible alcoholic slob who fills the house with horrible aromas at all times in morning? Yeah my partner would love that.
The landlord has a lodger. He/she are perfectly within their rights to have some rules over waking them at 1am.
As far as I can, it isn't the case of the landlord being petty over a separate dwelling.
What does him being foreign have anything to do with this? We're all ears waiting...