PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Please help me to evict my lodger!

Options
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.

Comments

  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    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.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • pawpurrs
    pawpurrs Posts: 3,910 Forumite
    1,000 Posts Combo Breaker
    What has she done wrong?
    Pawpurrs x ;)
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    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.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • 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!
    Signature on holiday for two weeks
  • Strapped
    Strapped Posts: 8,158 Forumite
    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.)
    They deem him their worst enemy who tells them the truth. -- Plato
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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
    tbs624 Posts: 10,816 Forumite
    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
    jasonwatkins Posts: 2,443 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    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
    tbs624 Posts: 10,816 Forumite
    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" :confused:

    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.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.