Please help me to evict my lodger!

samantha-robinson

I own my own home and have been renting my spare room out for the past 2 months, to cut a long story short things just aren't working out.

I stupidly didn't set up a tenant agreement or any form of contract.

She uses ALL my facilities in the house so she would definatley be classed as an Excluded Occupier.

What would be her legal rights if I evicted her and what would be the minmum notice that I would need to give her? Would 2 weeks be OK or would I have to legally give her 4 weeks as there is no contract?

PLEASE PLEASE Help as I am going out of my mind with worry.

pawpurrs

http://mobile.shelter.org.uk/get_advice/renting_and_leasehold/sharing_and_subletting/lodgers
hth

olly300

Giver her a week's notice. Just make sure she is paid up rent before you give her the notice. You dont' want to find things broken in your house.

pawpurrs

What has she done wrong?

olly300

pawpurrs wrote: »

What has she done wrong?

That point isn't relevant in this case.

As a lodger your landlord can ask you to move out for no reason at all.

That's why people are generally advised to avoid living with their landlord.

Mutton_Geoff

I know this is the hardest thing to do face to face, but you're best bet is just to sit down with your lodger and say "things aren't working out, I'm sorry you'll have to leave, how much time do you need to find somewhere else".

Simple, clear and to the point. No need for legalese, no worry about what rights the other person has. Simple one on one communication. You really don't want to start issuing written notices etc that could come back to haunt you, so just sit down later today and say the words. You'll almost certainly find your lodger will agree with you as your responses to their actions cannot have gone unnoticed!

Strapped

I agree with Mutton Geoff - just tell her she has to go - because "you've decided you no longer want a tenant / you need a spare room / etc" if you want to avoid having to tell her that she's p*ssed you off. Make sure you change the locks after she's gone. (I've had loads of lodgers and let's face it, if there's "an atmosphere" she'll want to move on anyway.)

PasturesNew

How much notice you give her is entirely up to you and dependent on what she's done wrong.

If, for example, you've come home and found she's had a party, smoked in the house (and all her friends have) and your £5 gas money's missing, it's out on the streets with her bag immediately.

If you just hate the way she sings in the shower and slams doors without a care, then an appropriate time for her to find alternative accommodation (2-4 weeks) is in order.

As she is a lodger she has no rights to any notice. You would, however, have some duty of care with regard to her belongings if you were to remove them yourself.

If you give more details people might be able to give more suggestions/ways.

tbs624

jasonwatkins wrote: »

i had a friend in exactly the same situation a few years ago.

it's going to be tricky with no binding agreement, but you have two options. you issue a section 21 notice if there's a breach in the terms of the rental agreement (which you don't have ..) or a section 8. ..........etc.

Jason - please note that none of these Housing Act provisions that you quote apply to a Lodger: they are for dealing with ATs/ASTs.
For a Lodger, who will come under the category of "excluded occupier" as already mentioned , unless there is an agreement which sets out the notice period, then the LL only has to give "reasonable" notice, which can be verbal,although it can be helpful to have a written one.

The "reasonable" part should take into account how long the lodger has been there, how long the rent periods are. if there are extreme difficulties between LL and lodger, how soon the room is needed for anotherlodger etc etc. A LL may actually change the locks and put your possessions outside for you to collect if you do not leave on the date requested, although they must not threaten you or use physical force to get you to leave. No court order is needed (although some will seek one to cover themselves).

jasonwatkins

tbs624 wrote: »

Jason - please note that none of these Housing Act provisions that you quote apply to a Lodger

yeah, i'm aware of that - that's why i added the bit at the end about evicting an excluded occupier. i got a bit carried away writing the post and just remembered what i meant to say right at the end

tbs624

jasonwatkins wrote: »

yeah, i'm aware of that - that's why i added the bit at the end about evicting an excluded occupier. i got a bit carried away writing the post and just remembered what i meant to say right at the end

...... so if you realised at the end of your post, why did you not just delete the inaccurate/irrelevant content before hitting "save"

Although people should never rely simply on forum posts without getting their own clarification, it's really not helpful to mislead others.

If you don't fully understand what the law applies to , then it's best not to quote it perhaps? You could even edit it your post now.

In the meantime, hopefully, people will scan on and see that two of us have pointed out thatwhat you posted doesn't apply in the case of lodgers.