Guest wont leave uk

[Simon758]

Hi ive a guest that stayed through airbnb and now won't leave.

She wont answer her door,phone or text and  is claiming i wont take rent from her!

Ive been to the police but not interested as its a civil matter...what can i do?

[Helen3]

@Simon2448 

Your post is rather confusing as  you have posted right bang in the middle of someone else's post about a guest overstaying, which is particularly confusing as the OP is also called Simon. You would have been much better starting your own thread.

If I understand you correctly you booked an Airbnb just for yourself and then decided to move your GF in who is not on the booking (does that mean you didn't add her on as the second person for the booking and pay the relevant fee).

To be honest if  I was your host and you moved someone in who then tried to squat my house,  I would definitely ask Airbnb to cancel your booking. 

Simon you and your girlfriend have both misunderstand the law. It is not an eviction because she is not a tenant.  You are a paying guest and on the booking. From what you have said she is not. She has no rights to stay.

You need to ask her to leave and get the keys returned. Worse case scenario you may need to work with Airbnb and the host to cancel the booking.

[Helen3]

Hello @Mark116 

How awful.

Hopefully you have already contacted Airbnb for advice and support for this. What did they say about the process you need to follow to remove your guest ?

Your guest is not a tenant in legal terms in the UK,  unless you had a long term booking, I believe three months or more, so it can't be an illegal eviction as she is not a tenant.

https://www.airbnb.co.uk/help/article/805/what-are-some-things-i-should-consider-before-hosting-long...

Have you taken legal advice from a housing solicitor about this?

I am not sure whether the police can help and if it can be claimed she is trespassing but your solicitor should be able to advise.

[Chris232]

@Simon758 

Nightmare situation, the "guest" maybe claiming squatters rights, if so you will need a court order to evict which can take up to 3-6 months.

The police will view this as a civil matter and will advice you to take legal action.

Do not change locks or try to force them out as they will call the police against you.

You need legal advice immediately.

I am so sorry you have this situation.

[Simon758]

Yes that's pretty much the situation.

I've been to the police, and as civil case it's pretty much down a legal route.

However I do have concerns about here mental state also.

Thanks 

[El37]

Hi Simon

Hope you are well!

I was searching for this topic and stumbled upon your thread and curious how you handled the terrible situation and guest in the end?

hope it turned out ok!

Best, El

[Ute42]

.

@Simon758 

"Shes threatening legal action if i change the locks"

We have a saying here in Germany: "Dogs that bark don't bite". Change the locks and see what happens. From all the people who  have threatened me with legal action in my live, I've never heard anything back.

This woman would not continue to stay in my place. I would get her out one way or another.

[Mark116]

@Ute42  In places that have strong tenant right laws, changing the locks can get the landlord in serious trouble, with fines and all kinds of problems.  This is one reason why we don't do long term rentals.  I know in our state there are many regulations and prohibitions on landlords who are in the process of evicting a tenant, the law assumes basically that the landlord will be the bad guy so all protections are toward the tenant.  Unfortunate.

[Ute42]

..

@Mark116 

Yes, I've heard that in Your country You can get into legal trouble for changing the locks. Sometimes You have to take the risk to get into legal trouble to get rid of onsite trouble.

Which kind of trouble do You prefer?

[Mark116]

@Ute42   I wouldn't change the locks at this stage.  I'd prefer the kind of trouble that doesn't pose the possibility of me ending up the victim and under arrest or a lien on the house because of some huge fine I got for harming some squatter's rights by not following the law. 

But, better is prevention...if you have a long term tenant get a huge security deposit, get a contract in writing with whatever stipulations will assist you if things go south.

[Emiel1]

@Ute42 

That's the practical solution experienced landlords follow.

(Me: 25 years experience)

Simply kick them out, no change of locks, just demand the key.

[Ute42]

.

@Emiel1 

We are all experienced hosts and we all have developed tools to fight trouble.

@Mark116  rightfully talks about "prevention". My prevention is: I can turn off cold water, warm water, heating and electricity from the outside of the building that I rent out. Guests have no access to these switches, they don't even know they exist. The results are phenomenal. No human being of the 21st century can live longer than a couple of hours without being able to charge his or her I-phone.

[Alexandra316]

@Simon758Is this a room in a shared house, or a flat? I only see rooms on your profile. 

If it's a room and they share cooking facilities, they don't have the same rights as tenants. You can evict a person in this kind of situation without much notice: see https://www.gov.uk/rent-room-in-your-home/your-lodgers-tenancy-type. You may need to get a court order, but I would start by issuing an eviction notice. 

I would honestly do what @Ute42 suggests though and just change the locks. What is she going to do, really? She doesn't have a legal leg to stand on. Ask the police what they would do if she were staying in a hotel and she didn't pay her bill. 

[Patricia55]

@Simon758 

I don't quite understand what's going on... could you maybe give everyone a fuller picture, the better to advise you?

From what you say, it seems that this is neither a police, nor a solicitor, nor an Airbnb matter to sort out... who does that leave?!  I'm not suggesting you send the heavy mob in, but... if it's such a grey area, I don't see why you can't gently arrange for her to leave... eg belongings placed outside, changing locks.  Oh, you mentioned mental issues... should social services be involved?

Good luck.

[Simon758]

Hi I don't really understand it myself if I'm honest....

She booked and stayed in a room in a shared house, then asked to stay on for two further weeks, which she paid for, no issues.

Then on date she said she was leaving I arrived at property to fine her in the room,she then said I had it wrong and we agreed a longer term (not true and first red flag). I thought this odd but rent is rent and I would rather a occupied room than empty.

After this she never answered her calls or texts and was never around when I knocked on her door.

I kept try her door with no answer,then last Saturday she answered her her door when I  said I'd come for the rent she randomly changed the subject to her having a stalker and her friend being held at customs and other random off topic subjects.

As I felt uncomfortable with her tone and her rapid mood changes I said it was probs best she moved on if she didn't have money to pay the rent and then I left.

Then I got a WhatsApp message stating my poor financial situation(not true), my home address(this was worrying) and how she had access to council CCTV (not unless she works for the police) and that I had never even been to the property to ask for the rent( my CCTV proves different), I employed an ilegal cleaner( I don't), companies I own and who works for them (not me), if i entered my property it would be trespassing (I disagree with that) and the council had been to the property and if I changed locks it would an illegal eviction.

I took this straight to police station,they weren't interested as civil matter.

Next I spoke to solicitor who said as she had no AST, so  no section 21 could be issued and only option was a section 8 and take her to court and to avoid all contact as it's a very grey area.

Thanks 

[Patricia55]

@Simon758 

Yikes, that does sound a bit of a mess... and she also sounds like a nasty piece of work, by implying that she has information she can use against you – appalling.

Have you been told by your solicitor that a tenancy has come into existence?

Here's a couple of links (if not redacted) to some reading you may want to do:

http://england.shelter.org.uk/legal/security_of_tenure/basic_principles_security_of_tenure/what_is_a...

https://www.landlordlawblog.co.uk/2016/10/31/airbnb-renting-law-legal-obligations/