Need some help to evict someone - any suggestions

trinidadone

hello all,

a friend of mine is going through a tough time at the moment. He currently owns a flat, and since september 2013 has rented out his spare bedroom. The tenant has been really difficult to live with recently. There is no contract drawn up.

My friend wants the tenant to now leave. My friend has spoken to the police a few times, but officers have provided conflicting information. has anyone got any advice to evict, legally????

googler

Is there any written agreement between owner and tenant/lodger?

Voyager2002

Since it is his home, obtaining a court order for the tenant to leave is fairly straightforward.

Paul_01

If the tenant is in fact a lodger, they can be asked to leave with 'reasonable' notice. They have very few rights relative to a tenant with an assured Shorthold tenancy agreement.

G_M

Sounds like the 'tenant' lives with him in his house.

He is a resident landlord yes? Sharing?

the 'tenant' is NOT a tenant, but is a lodger, or 'Excluded Occupier'.

They have no tenancy rights.

The landlord needs to give 'reasonable' notice. This is around a week or two, but if, for example, the lodger was being aggresive, threatening etc in the landlord's home, then it would be 'reasonable' to evict even sooner.

The police generally don't want to get involved as they see it as a civil matter, not criminal. It would only become criminal if there was a breach of the peace (eg LL tries to evict forcibly and lodger resisted physically.

Give a week's notice. If lodger does not leave, wait till they go out, then change the locks. Make arrangements for belongings to be handed over (perhaps box them up and tell lodger to collect at x'oclock. Have a beefy friend round and leave the boxes on the doorstep for collection - but make sure they don't get nicked!)

Changing the locks is quick, cheap and easy to DIY.

http://www.youtube.com/watch?v=VXAo7zSN-9o

http://www.ehow.com/how_2248647_change-mortise-lock-cylinder.html

Paul_01

I don't think a court order is needed.

G_M

Paul_01 wrote: »

I don't think a court order is needed.

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_excluded_occupiers

trinidadone

googler wrote: »

Is there any written agreement between owner and tenant/lodger?

no, noithing in writing, more of a informal agreement

trinidadone

Voyager2002 wrote: »

Since it is his home, obtaining a court order for the tenant to leave is fairly straightforward.

how? where?

trinidadone

Paul_01 wrote: »

If the tenant is in fact a lodger, they can be asked to leave with 'reasonable' notice. They have very few rights relative to a tenant with an assured Shorthold tenancy agreement.

I assume the person is a lodger then, no idea, but just need this resolved. what is "reasonable" ????

moneyistooshorttomention

Personally, I've had lodgers before now and I defined as "reasonable" as being something that was decided by their conduct. When someone gave me their notice before now and then tried to change their mind, they were told I wouldn't allow them to and they would be leaving the day they had said (as their conduct was dicey, but not thieving or threatening).

For others, with worse conduct, eg thieving or putting me at risk of a thief (be that theft of rent by not paying it or theft of possessions) then I deemed "reasonable" to mean "immediate and blow even a week's notice", as it was my home and I was living in it.

I would say its "unreasonable" of a stranger of any description looking at the situation from outside to say I should have been forced to put up with a Badly Behaved Other forced on me against my will in my own home for even a few days (though I am bearing in mind that I am a little woman, rather than a hefty man).