'Tenant/Lodger' won't leave!

colprimus

Two years ago I allowed a friend to move into my spare room as a Flatmate/lodger, there was never any formal tenancy agreement, it suited me and it suited him. I work away a lot and only home at weekends so it was agreed that the Gas and Electric would be his responsibilty, he also had sky TV installed in his room which was fine with me which also required him getting a BT landline put in (free offer) he subsiquently moved the Sky into the livingroom which I did object to but didn't make too much of, I wasn't unduly concerned by any of this only being in the flat at the weekends, he pays his rent on time straight into my bank account and I pay the mortgage/council tax/factors bills/building insurance/car insurance from my bank account, I would add that last year in order to improve my credit rating I changed the gas&electric into my name and paid via my account, when he found out he changed it back to him and password protected it with the power company...we rowed about it but I let it go because I waas away most of the time.
The only real problem I had with him was he's probably the untidiest and uncleanest person I've ever come across and I generally spent most of my weekend home doing housework or got cleaners in when it was really bad...but I put up with it for the money.
The problem I now have is that 6 months I moved back in permanently and can't stand the mess and would like him to leave, I've asked him politely to leave even advising he needn't pay his last months rent so he could it use as a deposit for a new place and I'd help him move. He has point blank refused to leave advising that he is in fact a the de facto tenant because he pays the utilities and rent via his account and that although I am the home owner I have become the 'lodger' and he has no intentions of leaving, he has also stated that as I am the 'lodger' now he can remove me and change the locks as I in fact have no real rights whereas he seems confident the Law (scotland) is on his side. The situation is becoming unbearable I spend most of my time at work or in my room.
Any advise as to how I get exclusive use of my home back and him out would be greatly appreciated. I'm apprehensive about doing anything to upset him incase he chucks me out my house before I get the chance to get rid of him.
He has lived in private rented accomodation his whole life whereas I have no experience of tenancys etc I thought he was a friend/aquaintance I was helping out and it would appear he has stolen my house and I have a squatter and all the while I'm paying the cleaner to come in 2xpw to clean his mess.

mlz1413

colprimus wrote: »

Two years ago I allowed a friend to move into my spare room as a Flatmate/lodger, there was never any formal tenancy agreement, it suited me and it suited him.

I work away a lot and only home at weekends so it was agreed that the Gas and Electric would be his responsibilty, he also had sky TV installed in his room which was fine with me which also required him getting a BT landline put in (free offer) he subsiquently moved the Sky into the livingroom which I did object to but didn't make too much of, I wasn't unduly concerned by any of this only being in the flat at the weekends

, he pays his rent on time straight into my bank account and I pay the mortgage/council tax/factors bills/building insurance/car insurance from my bank account,

I would add that last year in order to improve my credit rating I changed the gas&electric into my name and paid via my account, when he found out he changed it back to him and password protected it with the power company...we rowed about it but I let it go because I waas away most of the time.

The only real problem I had with him was he's probably the untidiest and uncleanest person I've ever come across and I generally spent most of my weekend home doing housework or got cleaners in when it was really bad...but I put up with it for the money.

The problem I now have is that 6 months I moved back in permanently and can't stand the mess and would like him to leave, I've asked him politely to leave even advising he needn't pay his last months rent so he could it use as a deposit for a new place and I'd help him move.

He has point blank refused to leave advising that he is in fact a the de facto tenant because he pays the utilities and rent via his account and that although I am the home owner I have become the 'lodger' and he has no intentions of leaving,

he has also stated that as I am the 'lodger' now he can remove me and change the locks as I in fact have no real rights whereas he seems confident the Law (scotland) is on his side. The situation is becoming unbearable I spend most of my time at work or in my room.

Any advise as to how I get exclusive use of my home back and him out would be greatly appreciated. I'm apprehensive about doing anything to upset him incase he chucks me out my house before I get the chance to get rid of him.

He has lived in private rented accomodation his whole life whereas I have no experience of tenancys etc I thought he was a friend/aquaintance I was helping out and it would appear he has stolen my house and I have a squatter and all the while I'm paying the cleaner to come in 2xpw to clean his mess.

Paragraphs are so much easier than one long sentence!

No idea of scottish law so can't advise.

steveeeee

Just passing through, but a quick Google suggests that "[FONT=Arial, Helvetica, Verdana, sans-serif]By the Trespass (Scotland) Act 1865, it is a criminal offence to 'lodge in any premises or encamp on any land which is private property without the consent or permission of the owner or legal occupier'". If you can prove that you own the flat, it looks like he has to leave if you don't want him to live there any more.
[/FONT]

edinburgher

His claims sound ridiculous. Is he on the mortgage deeds? Didn't think so.

WelshNic

According to Shelter, you just need to get a court order http://scotland.shelter.org.uk/getadvice/advice_topics/renting_rights/taking_in_a_lodger_or_subletting_your_home/letting_if_you_are_a_home_owner/taking_in_a_lodger_if_you_own_your_home

Jowo_2

The Shelter Scotland has a tenancy checker wizard which indicates that your lodger is classed as a common law tenant. Double check it.

Although this site is pitched at tenants (not landlords) it at least gives you pointers about your options and how you can challenge his bizarre theory that he has the right to order you to leave your own home that you own.

Go and see a solicitor that specialises in housing law or get a court order, as per the advice below.

http://scotland.shelter.org.uk/getadvice/downloads/online_assessments/what_kind_of_tenancy_do_i_have

http://scotland.shelter.org.uk/getadvice/advice_topics/eviction/eviction_of_common_law_tenants

edinburgher

According to Shelter, you just need to get a court order http://scotland.shelter.org.uk/getad..._own_your_home

The pertinent section:

Common law tenants don't have many rights, but you will still need a court order to evict them if you ask them to leave and they don't want to go

You'll be alright

McKneff

But he's a lodger, not a tenant, doesnt that make a big difference.

picnic

wait til he's gone out and change the locks...

BitterAndTwisted

Property law is different in Scotland. In England & Wales they'd be a lodger with absolutely no security of tenure. This parasite has a damned cheek doesn't he? What an appalling abuse of kindness and friendship. I'd be straight down to a solicitor's to get a court order in train if that's what it takes.

princeofpounds

Scottish law... so you have to drop the english assumptions.