Notice given to licensee who refused to do notice

Elto78

a week ago , I had to ask the licensee or lodger living in my apartment to leave for various reasons which I will not develop into the thread.

the talk started lovely until I mentioned I had a think and I wanted her to move out. she started to have a long face not happy
I then told her I was providing her with a month notice as per the written agreement.
she started to raise her voice and said she was going to move out next week therefore this week. refusing to do the notice and wanted to pay weekly. even though she had signed the license when moving it. I told her ok to accommodate as usual.

but I asked her then to move by 11th. therefore this Friday.

so far she had been more interested of having visitors at the flat than looking for a room.

I am a bit scared she will not move out on Friday and I am not willing now to extend her stay due to the way she spoke to me when refusing to do the month notice and other issues.

what can I do if she s not moving out? as I own the apartment and live in it

thank you

Taboola

Change the locks.

Victor

Note that if you told her to move out on Friday that she has all day Friday to do this.

When she goes out on Saturday morning, change the locks. Have someone there when she comes to collect her belongings.

In the meantime, you might secure any valuables that you have.

seamus

As she is a licensee and presumably has agreed to a move out date of the 11th, then you can just take her keys off her that day and wave goodbye. If she refuses to hand them over, you can just lock her out.

I would make pretty unsubtle noises about it such as asking her what her plans are on Friday and what time she's planning on moving out.

Elto78

The issue is that she has not started to look for a room yet and this does worry me a lot

and she borrowed her deposit last month to go on holidays so I am not even sure she has the deposit to move elsewhere at all
the note clearly wrote she had to be out on Friday 11th by 9PM
and she is not paying for Friday I just want her to leave
and I do not want to be in situation where I lock her out and there is a big drama either

Elto78

does she has to agree to move out?
as if I wait for her to give me a date I wait she will as she s not really reliable on anything
and at this stage I am more than happy to do her way and let her move out asap

foggy_lad

Taboola wrote: »

Change the locks.

Do this on Saturday morning and if you see her on Friday ask for the keys back but change the Barrel of lock anyway!

Elto78 wrote: »

The issue is that she has not started to look for a room yet and this does worry me a lot

and she borrowed her deposit last month to go on holidays so I am not even sure she has the deposit to move elsewhere at all
the note clearly wrote she had to be out on Friday 11th by 9PM
and she is not paying for Friday I just want her to leave
and I do not want to be in situation where I lock her out and there is a big drama either

You are not her parent/guardian and not responsible for her situation or her future housing requirements.

As for the deposit, You should inspect the room every day(while she is out!) until Friday and if it looks like there is damage or that she is trashing it then change the locks immediately and do not let her inside the front door again! pass her belongings out through the window or out at the door.

Elto78

well she has to be out Friday by 9PM and I did not charge her for Friday as I want her out
can you legally do that change to lock and hand her stuff back when she is back? knowing I am the owner occupier

seamus

Elto78 wrote: »

well she has to be out Friday by 9PM and I did not charge her for Friday as I want her out
can you legally do that change to lock and hand her stuff back when she is back? knowing I am the owner occupier

Yes. Licensees can be forcibly evicted and they have no comeback or right to enter the property.

There may be a big drama, sometimes that's unavoidable. But you can't get into trouble provided that you don't damage or lose her property.

athtrasna

Never give a licensee an agreement in writing, she now has that to fall back on, the written agreement states one month notice. Even the new letter may not over ride this, you're on dodgy ground imo.

foggy_lad

athtrasna wrote: »

Never give a licensee an agreement in writing, she now has that to fall back on, the written agreement states one month notice. Even the new letter may not over ride this, you're on dodgy ground imo.

She herself said she was moving out this week so the new letter was given to her giving her till Friday to leave. She is not entitled to stay longer.

Elto78

well I presume she said it she be out this week of anger or as she thought she would find something easily at same deal that she has at my place

I do not think she was expecting me to ask her to leave

but I did write a note just in case and mentioned in it she was refusing the month notice therefore I was complying with her request
just in case
I d rather have it all in writing when I do not knwoall the rights

Lux23

Next time you see her, just say are you all set for the move at the weekend? If she kicks up a fuss, then you know you will be getting the locksmith around this weekend.

Meauldsegosha

Elto78 wrote: »

and she borrowed her deposit last month to go on holidays so I am not even sure she has the deposit to move elsewhere at all

Did you give her back her deposit so she could go on holidays?

Elto78

I actually did as she pestered me all day by message when I was at work

I went back home that day telling her it was the last time I lent her the deposit back as she s asked for that every month since first month she was in the door
always something with her

I understand you have an issue once but not every month and not for holidays. I kept 90 euro of it just to cover bills in case anything goes wrong
but yeah as an idiot every month I gave her back part of her deposit
but she was told it was the last time
so basically I have 90 euro deposit in my hands instead of the month deposit
hard to say no when someone pesters you non stop

foggy_lad

Not so much soft as a nice person who is being taken for a mug by this little <snip>

Elto78

well there are a few reasons why I asked her to leave
and at this stage I just want her out really really out
as i give the nail she takes the arm

salamanca22

Elto78 wrote: »

well there are a few reasons why I asked her to leave
and at this stage I just want her out really really out
as i give the nail she takes the arm

Come Saturday just change out the locks. If you feel that there might be drama and you will feel unsafe make sure to have friends around on Saturday.

Elto78

athtrasna wrote: »

Never give a licensee an agreement in writing, she now has that to fall back on, the written agreement states one month notice. Even the new letter may not over ride this, you're on dodgy ground imo.

i did give her the month but she refused it firmly and got really strong on that point. and started to pay weekly.sge refused to give the month rent which was due on 1st she paid from last monday to yesterday so hasnt paid for this week.it s her terms not mine my licence says full month rent to pay on 1st. which she hasnt done

4ensic15

Elto78 wrote: »

I actually did as she pestered me all day by message when I was at work

I went back home that day telling her it was the last time I lent her the deposit back as she s asked for that every month since first month she was in the door
always something with her

I understand you have an issue once but not every month and not for holidays. I kept 90 euro of it just to cover bills in case anything goes wrong
but yeah as an idiot every month I gave her back part of her deposit
but she was told it was the last time
so basically I have 90 euro deposit in my hands instead of the month deposit
hard to say no when someone pesters you non stop
my own fault for being soft

Why not tell the person to stop pestering you?

Throw her out and forget about it, I wouldn't think twice about it.

the_syco

She has no reason to leave, and no deposit to lose. Wait until she leaves, and have the locks changed. Threatening this will just ensure she either stays, or that she leaves with something of value.

Elto78

4ensic15 wrote: »

Why not tell the person to stop pestering you?

with some people that doesnt work. and asking for deposit back every month for this or that is bit much un fairness cheeky

spaceHopper

Elto78 wrote: »

with some people that doesnt work. and asking for deposit back every month for this or that is bit much un fairness cheeky

Text back saying no and now I have to turn off my mobile to go into a meeting or to get some work done tell the reception not to put her through, they can say you are in a meeting.

At this stage get some boxes and a role of heavy black bags pack up the lot tell here to go.

Elto78

the_syco wrote: »

She has no reason to leave, and no deposit to lose. Wait until she leaves, and have the locks changed. Threatening this will just ensure she either stays, or that she leaves with something of value.

I have not threatened of anything
just requested she d leave
I am trying to have her leave in the nicest manner as I can
not to have stress myself

Cuddlesworth

Elto78 wrote: »

I have not threatened of anything
just requested she d leave
I am trying to have her leave in the nicest manner as I can
not to have stress myself

Seen this a thousand times. The situation is not going to get better by hoping it will go away. You have asked her to leave. She has clearly refused and intends to stay. She has no rights. Turf her out.

Elto78

I did request her to leave gave her noticed
she refused the notice
so I did set up a deadline for her to leave as she did not want to pay for the month
we will see Friday.
until then I keep my eyes opened. and will act Friday if she does not move by her dead line.
at the moment she is avoiding me pretending to sleep when I come back home at 9 PM but until Friday I am avoiding unnecessary arguments
but spare lock is ready to go on door anyway

athtrasna

Cuddlesworth wrote: »

Seen this a thousand times. The situation is not going to get better by hoping it will go away. You have asked her to leave. She has clearly refused and intends to stay. She has no rights. Turf her out.

She may have rights. The written licence gives her rights she's not entitled to. The OP has issued a letter based on a conversation but the signed licence would still hold if the licensee were to seek legal advice. The OP needs to tread carefully here.

Elto78

well licence also stipulates Breaching the licence will result in the immediate termination of the contract.
and she did not comply to it on a few things

Old Perry

athtrasna wrote: »

She may have rights. The written licence gives her rights she's not entitled to. The OP has issued a letter based on a conversation but the signed licence would still hold if the licensee were to seek legal advice. The OP needs to tread carefully here.

Just an innocent question. if both the 'license' and 'letter' were simply drawn up by the the OP then do both not hold the same weight in this context ( the rights of licensee)?

im assuming the later letter is signed by both parties.

good luck with it op. im sure all will turn out grand, looks like youve done all ya can and its time to play the waiting game

Elto78

well the licence says a month notice for OP and for Licensee if you wish to terminate contract and month rent to be paid on a certain date
but the issue is that when I gave her the notice of one month she refused it
that is why I wrote the letter with dates and facts as she is the one refusing to pay the rent for the month and do the notice
even though I m the one asking her to leave

so in case she says anything it is written in my note that she is the one who refuses to pay for the month and do the month notice
and that I am complying with her wishes
just in case she complains now she did not have full month notice