Need advice on how I can evict. I 'rent a room' in my flat.

hostie

Hello,
I wonder if anyone knows how much notice you have to give to someone who lives in your house when you want them to move out?

In January my partner and I bought our own place. I live in it and we decided to rent out the two other rooms until he moves back to Scotland. I am a full time PhD student so I advertised at the university for girls in a similar situation.

I told both the girls before they moved in that they would need to provide me with the council tax exemption certificate, otherwise they would be liable for council tax. One of them did this. The other one has been stalling me and when I asked her on Thursday what her surname was she wouldn't even tell me that. I know that I need to contact the council with her name and show her certificate otherwise it will be me as the home owner that is liable for council tax.

It seems very strange to me that someone would refuse to give their surname especially when I have been so nice ferrying her around and moving her things in my car. Anyway I have decided that if she does not provide me with proof of identity by Tuesday that I do not want to live with her anymore. I know that if I was not living in the house that I would legally have to give her two months notice to leave but I wonder if it is different if I am actually living there. There is no tennancy agreement yet.

Any advice would be very gratefully received.

Thanks, hostie

thesaint

You don't have to give a lodger any notice at all.

cattie

It is strange that someone refuses to give you their surname. It sounds very dodgy to me & I would be very suspicious of them & want them out of my home asap.

I'd be inclined to tell her I didn't take nameless people as lodgers thank you very much & to please pack her bags & get out.

hostie

Thank you so much for replying. I am very suprised to hear that I don't actually have to give her any notice. It is a relief that you didn't say two months.
The problem with telling her that I don't take nameless people is that she hasn't actually refused. She did get me to write it down on the receipt that I gave her for her deposit. That was the day she moved in. As soon as she had her receipt she asked me to do something else and I forgot to make a note of it. I have a vague memory but as it was French sounding and she is Spanish I don't remember exactly what it was. She ignored my text asking and when I asked her face to face she said on two different occasions that it was too difficult to explain and that she was too busy (going for a bath) to tell me.
Anyway I am reassured that you don't think I have to give her notice. that means that if I give her until the 9th of March (she has paid until then) then she will have plenty of time to find somewhere else.
Does anyone know where I can find information on the legal side of having lodgers? I like to do everything properly and treat people well but I am worried that she might not move out or something. ...
Thanks again.

Nenen

Have you tried http://www.landlordzone.co.uk/ ?
I don't know if they have any help with lodgers but I have seen lots of posts from LLs praising them. The other thing to try is the university accomodation office as ours was very helpful when I rang and spoke to them about the possibility of having a lodger and what I would have to do.
Good luck :beer:

thesaint

What do you want to know about the legal side?
It is not like having a tenant, you don't need to have gas safety certificates and such like.
You have a paying guest in your house, a judge will not force you to keep someone in the house you live in.
If she refuses to leave, put her belongings outside.

Lorian

thesaint wrote:

What do you want to know about the legal side?
It is not like having a tenant, you don't need to have gas safety certificates and such like.
You have a paying guest in your house, a judge will not force you to keep someone in the house you live in.
If she refuses to leave, put her belongings outside.

And ask for your key back first of all.

hostie

Thanks, I got the gas safety certificate anyway and did the other safety things I thought were necessary. I really don't think I can just put her things outside but hopefully it won't come to that anyway. I guess I am just worried that even though it is my house she has a right to a month's notice or something.
Thanks for the website Nenen. I will take a look.

missk_ensington

Why didnt you ask her surname BEFORE she moved in? Did you not do any checks, take references, nothing???

I would say someone renting out a flat and not living there themselves would be stupid for taking someone on without a contract/checks, but to have them living with you is even more insane! She could be at the top of the Police's Most Wanted list for all you know!

I'd askk her to leave with immediate effect unless she produces something, anything...a debit cards, a library card, a bill, passport, anything!!

hostie

I know! She was desperate to move in as she was living in a youth hostel and said she couldn't afford it. She came to see the place on the Friday and was desperate to move in on the Friday night. She seemed lovely so I agreed to go with my car and pick up her things with her. She said that she would get the document that I needed from the university on the Monday and I decided that was sufficient. When I wrote her receipt she told me her surname so it didn't seem strange. Thinking back, she was a bit reticent then but that is hindsite. I guess I am a bit stupid but she seemed lovely!

tranquil_2

Does she realise what a difficult position she is putting you in? You mentioned that you haven't been able to speak to her properly to establish her surname, so I'm assuming you haven't been able to discuss the issue fully with her either. Maybe she hasn't realised the implications of not paying council tax (I don't know if they have council tax in Spain). She may not be aware of how to obtain the exception certificate, of the amount of trouble you can get yourself into for not paying it.
Alternatively she just may not be exempt and not very good at paying bills. I've had one of those flatmates and in that case you would be well shot of her!

Just my two penny worth.