'Tenant/Lodger' won't leave!

Mallotum_X

Sounds as if hes been trying to put things in place to protect himself for some time - changing the bills etc for instance. I would get all of these into your name asap for a start.

JQ.

Wow. I would stop discussing any of this with him. Let him think you've accepted his theory on his tenancy. You don't want him taking any action.

Go to your solicitor, get the Court Order, and just hand it to him and tell him to get out. If this friend has gone to all the trouble with the utility bills and investigating their legal position they are not going to leave quietly, so there's no point stirring things up until you have all your ducks in a row.

CloudCuckooLand

If he thinks he is a tenant, put the rent up x 1000% ?

BitterAndTwisted

Yep, Court Order in hand and some big, scary-looking friends in tow when you hand it over.

Jowo_2

I know that it isn't wholly appropriate to cite an example in english housing law for a scottish situation but I'm going to do so anyway.

In England, the legal status of whether a person is a tenant (with stronger rights and security of tenure) or whether they are a lodger (also known in England as an excluded occupier) with very limited rights is mainly premised on whether the landlord lives in the same property as the other occupier, sharing amenities like the kitchen, livingroom or bathroom rather than living in different properties.

When a landlord moves away from the property and it's no longer their primary residence, their lodger's status can change to that of a tenant. In England, a live in landlord can simply change the locks when a lodger refuses to move out but must get a court order for a tenant who lives elsewhere than their landlord.

Therefore I wonder whether your rather odd flat-mate believes that he has got stronger rights than he has, because he either thinks your previous absence has given him a change in status to being a full tenant (shorthold or assured tenant) rather than a lodger (common law tenant). The notice period and eviction process between the two are quite different and I wonder whether this is the reason why he thinks he has exclusive use of the property that you own and is free to lock you out of your home.

By the way, do you think he has mental health issues?

googler

Looks like there may be oodles of useful links from this page

This Shelter page may help too - OP, there seems to be lots of useful info on Tenancies and Eviction herein, with lots more from the links therein.

colprimus

Jowo wrote: »

I know that it isn't wholly appropriate to cite an example in english housing law for a scottish situation but I'm going to do so anyway.

In England, the legal status of whether a person is a tenant (with stronger rights and security of tenure) or whether they are a lodger (also known in England as an excluded occupier) with very limited rights is mainly premised on whether the landlord lives in the same property as the other occupier, sharing amenities like the kitchen, livingroom or bathroom rather than living in different properties.

When a landlord moves away from the property and it's no longer their primary residence, their lodger's status can change to that of a tenant. In England, a live in landlord can simply change the locks when a lodger refuses to move out but must get a court order for a tenant who lives elsewhere than their landlord.

Therefore I wonder whether your rather odd flat-mate believes that he has got stronger rights than he has, because he either thinks your previous absence has given him a change in status to being a full tenant (shorthold or assured tenant) rather than a lodger (common law tenant). The notice period and eviction process between the two are quite different and I wonder whether this is the reason why he thinks he has exclusive use of the property that you own and is free to lock you out of your home.

By the way, do you think he has mental health issues?

Tks for the advise...One of my family members had suggested that there were possible mental issues especially considering the lack of cleaning anything, I had to get professional cleaners after moving back in full time because the kitchen was like something off 'Grimefighters'

colprimus

Mallotum_X wrote: »

Sounds as if hes been trying to put things in place to protect himself for some time - changing the bills etc for instance. I would get all of these into your name asap for a start.

Thats exactly what I think he has being doing, I changing the utilities before, he changed it back and password protected the account with the power company to stop me doing it again.

DVardysShadow

I suggest you find out exactly what rights he does have. Shelter Scotland is a good starting place. And this looks relevant.

I think you need to work out your path to getting rid of him in detail and then just do it, giving him as little warning as you are obliged to give.

Wickedkitten

Jowo wrote: »

I know that it isn't wholly appropriate to cite an example in english housing law for a scottish situation but I'm going to do so anyway.

In England, the legal status of whether a person is a tenant (with stronger rights and security of tenure) or whether they are a lodger (also known in England as an excluded occupier) with very limited rights is mainly premised on whether the landlord lives in the same property as the other occupier, sharing amenities like the kitchen, livingroom or bathroom rather than living in different properties.

When a landlord moves away from the property and it's no longer their primary residence, their lodger's status can change to that of a tenant. In England, a live in landlord can simply change the locks when a lodger refuses to move out but must get a court order for a tenant who lives elsewhere than their landlord.

Therefore I wonder whether your rather odd flat-mate believes that he has got stronger rights than he has, because he either thinks your previous absence has given him a change in status to being a full tenant (shorthold or assured tenant) rather than a lodger (common law tenant). The notice period and eviction process between the two are quite different and I wonder whether this is the reason why he thinks he has exclusive use of the property that you own and is free to lock you out of your home.

By the way, do you think he has mental health issues?

He might not be as mental as people think, the OP is only around on weekends for a year and a half and moved back in permanently six months ago.