Please help me, i have a nightmare lodger.

fifers_2

Hi,
My father just died on wednesday and i am feeling trapped completely. my problem is that i have a lodger at my home. on third of he was supposed to move out but he asked for few more days and i reluctantly agreed for a week but on 4 of may my dad died. i asked to move out immediatly but does not want to. now i gave him written 28 days notice to leave my property because i am fed up with him. he is common law lodger, we do not have any written agreement, he is telling me that if he want he can stay as long as he want. please help me someone how to evict him after his notice period finishes. he is surgeon and works just one minute walk from my house and he owns 4 properties already worth about million pound but in different cities.
i am in scotland, please advice me according to scottish law. lodgers laws are very vague.
thanks

suelizab

A surgeon? Then phone his work place and speak to his consultant after his 28 day notice period . OR change the locks after 28 day period .

Outpost

Why on Earth would his lodgings have anything remotely to do with a consultant at the hospital?

fifers_2

i put his profession because so poeple would understand that he is not the person who would be destitue or he is on dss or disable.

anselld

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

Outpost

fifers wrote: »

i put his profession because so people would understand that he is not the person who would be destitute or he is on dss or disable.

I wasn't questioning your mentioning of his profession, I was questioning the logic behind the poster who suggested "phoning his consultant" as if 'telling on him' to his boss would somehow remedy the situation when it is absolutely nothing to do with any superior he may have at work.

grimsalve

Sorry for your loss I don't know what to suggest but I hope your situation improves. Chin up.

McKneff

What do you mean 'common law lodger'

Do you actually mean he is actually living with you as a couple or he is a proper lodger.

Either way, if you own the house, when he goes out of the house, pack his things up, put them outside and inform him.

BitterAndTwisted

You need advice from Shelter-Scotland. The laws about security of tenure for lodgers are very, very different in England & Wales.

This was what you were advised to do on the other thread about the same situation you started last night.

theartfullodger

McKneff wrote: »

What do you mean 'common law lodger'

Do you actually mean he is actually living with you as a couple or he is a proper lodger.

Either way, if you own the house, when he goes out of the house, pack his things up, put them outside and inform him.

"Common law tenancy" is what a lodger is in Scotland and no, packing things up & putting them outside would be illegal in Scotland.
http://scotland.shelter.org.uk/getadvice/advice_topics/renting_rights/sharing_with_your_landlord#1

I am very sorry for fifers position but suggest he contacts CaB or a solicitor that understands these matters. Shelter is unlikely to help him as he is "The landlord". Very sorry, best regards

This is the procedure for eviction of common-law tenants: It won't be quick..
http://scotland.shelter.org.uk/getadvice/advice_topics/eviction/eviction_of_common_law_tenants

fifers_2

thanks everyone for advices. i have spoken to shelter scotland, they said he has to find accomodation somewhere else before his period finish otherwise i can get court order immediatly without hearing from sheriff clark.