Any Legal types care to comment - Getting rid of tennant

[dowie]

Hi guys, I have a bit of an annoying situation at my flat. Basically one of the girls I live with is away working as a dancer on a cruise ship and decided to sublet her room - we advertised and ended up with an aussie backpacker (who is becoming increasingly annoying).

Basically the aussie backpacker is due to move out in approx 4 weeks though is becoming unbearable to live with. She has a coke habbit and so is always short of cash (didn't pay the rent on time for the first few months). Has about 3 different blokes round each week and recently just decided to move someone in for a few weeks (who we've only managed to get rid of today). She is regularly moody and the other two girls in the flat can't stand her. She also seems to think the flat can be used for any of her backpacker mates to come and crash for a few days.

The question is, given that she hasn't signed any form of contract, how much notice do we have to give her if we did want her to move out sooner than 4 weeks time? (she has already paid rent in advance for this period too)

I.e. could we give 2 weeks notice and and pay back some of the rent she has paid.

Or even, given the drugs situation (I don't care if she wants to do it but I don't want it in the flat - especially not laid out in lines in her room on a plate from the kitchen) can we simply change the locks and tell her to **** off. - leave her stuff in the porch with a cheque for the rest of the rent or something?

Before anyone mentions it - punch to the ovaries has been considered!

 

[SentineL-X]

Falcon Punch!

 

[Muffin`]

If she hasn't signed anything she is a Lodger, give her the boot and change the locks, she hasn't got a leg to stand on.

 

[ruffneck]

Or even, given the drugs situation (I don't care if she wants to do it but I don't want it in the flat - especially not laid out in lines in her room on a plate from the kitchen) can we simply change the locks and tell her to **** off. - leave her stuff in the porch with a cheque for the rest of the rent or something?

Do this

 

[Raymond Lin]

If she hasn't signed anything she is a Lodger, give her the boot and change the locks, she hasn't got a leg to stand on.

Thats not how it works, not even close.

The key here is determine if she has a licence or a lease, a lease of less than 2 years is valid even with an oral contract. And even if it is written, it is the facts of the contract that determines if its a lease or licence, not its wording. If she has a lease then she has a lot more rights than she will under a licence. The 3 key points to determine if she has licence is:-

1 - Certainty of duration
2 - Fixed term
3 - Absolute possession

If she has all 3 then she has a lease and it'll be way harder to evict her. To be honest, even if you take legal action, 4 weeks will be way over before anything will happen, bite the bullet and ride it out.

 

[silent badger]

Good advice, i had to get rid of a tenant once and it took bloody ages, and once the knives are out you really get screwed as a landlord nowadays! Who is the landlord is another thing to consider, do you all rent or are you the owner? Because "no subletting" will usually be part of a contract and the aussie could drop you in it with your landlord.

 

[KaHn]

Take pictures of her naked and post them on here, it won't help any but will brighten our day up no end.

KaHn

 

[z0mbi3]

Wait for her to bring a bloke round and call the coppers about the coke fueled prostitution session going on.

 

[AtreuS]

Has she been getting letters sent to her at the address and has she been paying rent through her bank?

If no to both then i cant imagine she could get very far with any form of legal action as shes got no proof she ever DID live there and pay any form of rent. Also as an ausie backpacker i dont think shes going to be entitled to any form of help from the governement regarding legal fee's and if she is as broke as you say shes not going to pay for any herself.

Just let her know you are giving her a week to get out, due to the drugs, and if she doesnt go then just wait till shes out and bag up her stuff ( i cant imagine its going to be rooms and rooms full of stuff ) and put it outside the door.

This may seem rather harsh but if shes given fair warning and doesnt change her ways then why should your life be miserable just because shes got a drug habit.

 

[DampCat]

Talk to a soilicitor, or a letting agent. I cant imagine letting out my own property without having a contact in either an agency or a solicitors.

 

[rick827]

Just ride it out, If you try push her she'll just trash the place and be gone.. Not like you can send her a summons for the damage when she's backpacking either

 

[Sarduk]

Sub-letting isn't legal, in the way you are doing it.

 

[Greenlizard0]

~
3 - Absolute possession
~

What does this mean in context?

 

[Raymond Lin]

What does this mean in context?

In short, the right to exclude everyone, including the landlord from the property.

 

[jackthezipper]

Just ride it out, If you try push her she'll just trash the place and be gone.. Not like you can send her a summons for the damage when she's backpacking either

I would tend to agree with this. If she's a bit of a weirdo you don't want her trashing the place in a mood or stealing from you. It's only 4 weeks, be civil and polite and then have a party in 4 weeks time.

 

[cpatain-chaos]

ovarian drop kick

 

[Azagoth]

Go medieval on her, i.e. give her the pox and burn her at the stake.

 

[Zogger]

You're getting rid of Dr. Who

 

[Surfer]

Thats not how it works, not even close.

The key here is determine if she has a licence or a lease, a lease of less than 2 years is valid even with an oral contract. And even if it is written, it is the facts of the contract that determines if its a lease or licence, not its wording. If she has a lease then she has a lot more rights than she will under a licence. The 3 key points to determine if she has licence is:-

1 - Certainty of duration
2 - Fixed term
3 - Absolute possession

If she has all 3 then she has a lease and it'll be way harder to evict her. To be honest, even if you take legal action, 4 weeks will be way over before anything will happen, bite the bullet and ride it out.

Whats the difference between a tenant and a lodger? Bit of info.. i own a property that i live at and occasionally let out a room to a lodger. I usually just draw up a lodging agreement (not a tenancy lease agreement)
Is the situation with the uhh deposits the same?
thanks

 

[Maccy]

Call in the cops, but ask them to do a "random search"
Then she'll be screwed!