Getting rid of an unwanted lodger

I have had a lodger for just over three months. No formal agreement or contract was ever signed between us when he moved in and now I would like him to leave.

What is the best way of going about this?

Should I write him a formal letter of notice to leave? How much notice do I need to give?

If I need to write a letter, where will I find a template?
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Comments

  • Depends on the type of person they are, if the are reasonable and understanding it may be easier. Anywhere from a week to a month is reasonable to allow them time to find somewhere else although I dont believe you have a legal obligation to. I wouldn't do a formal letter as it implies you had a formal agreement in place.
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  • skylight
    skylight Posts: 10,716 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Home Insurance Hacker!
    He is a lodger (assume you live in your home too) then he has no rights at all. You could pack his bags (carefully!) for him and tell him that he is leaving today. You dont even have to tell him, just leave his stuff in a safe place and change the locks when he is out. Which is very mean.

    Just tell him that you need him to leave and give a time frame (a couple of weeks).
  • I'm not a lawyer and you may wish to check with someone who is or at least a legally-orientated forum, however my understanding is that regardless of whether or not there is a written contract you should still give them written notice and you must give them a reasonable amount of time to find somewhere else to live, this is usually a period of 28 days unless they have behaved particularly badly in which case a shorter notice period may be acceptable. You must also remember that their property is their property not yours, so packing their bags for them would be distinctly risky.
  • I completely agree with everything Avon2001 has said and I work as a student advisor (but not legally trained) and regularly advise on lodgers (or licencees as they are known). You should give 'reasonable notice' which if no other agreement exists is usually the same as the period for which rent is paid, ie pay monthly = month's notice. This ought to be served on the first or the last day of a period in theory. My main piece of advice would be to put everything in writing from now on. Hope that helps.
  • Madjen18 wrote: »
    I completely agree with everything Avon2001 has said and I work as a student advisor (but not legally trained) and regularly advise on lodgers (or licencees as they are known). You should give 'reasonable notice' which if no other agreement exists is usually the same as the period for which rent is paid, ie pay monthly = month's notice. This ought to be served on the first or the last day of a period in theory. My main piece of advice would be to put everything in writing from now on. Hope that helps.

    Would you suggest putting his notice to leave in writing too then?
  • skylight
    skylight Posts: 10,716 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Home Insurance Hacker!
    Repost on the Renting board instead.

    Get some proper advice from long standing posters who are lodger/landlords/renters/buyers etc who have done this a million times before. Rather than "new" posters.

    You have a lodger. Not a tenant. (As long as you live there too).
  • Poppycat
    Poppycat Posts: 19,913 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Unless he is doing something wrong like being very loud in wee hours, aggressive, taking drugs etc then the right thing to do is give notice perhaps a month
  • Sue_1979
    Sue_1979 Posts: 14 Forumite
    A few years ago we had to ask our lodger to leave (he was just so ultra messy) and what we did was to say we were planing to get married and for me to have a child. This was he left on good terms, which I think is always important :)
  • Mistral001
    Mistral001 Posts: 5,397 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    Sue_1979 wrote: »
    A few years ago we had to ask our lodger to leave (he was just so ultra messy) and what we did was to say we were planing to get married and for me to have a child. This was he left on good terms, which I think is always important :)

    I agree that you should give a reason, even if it is only half the truth.

    If you have expected the lodger to be polite and respectful and they have turned out the opposite, it is probably not a reason you can give for kicking them out unless you have a heart of ice.

    Something like wanting to turn the room into a home office etc. might do. Something that could be true.
  • Madjen18
    Madjen18 Posts: 11 Forumite
    Would you suggest putting his notice to leave in writing too then?

    Yes, because then if they don't leave when you have asked them to you have a record of it. If you don't want it to appear overly formal then of course you can talk to them about it and give them a letter to the same effect at the same time. I can send you a link to some info from Shelter if you pm me.

    I may be a new forum member but this is part of my work so I do know what I am talking about.
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