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How to ask my lodger to leave

13

Comments

  • FreeBear
    FreeBear Posts: 18,379 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    TBagpuss wrote: »
    So for instance, if she starts to say "but where can I go" then you might answer by saying "well, you could speak to your boyfriend about staying with him for a while" or "I believe that there are adverts for house shares and rented property in the local paper"

    spareroom.com is a useful resource for finding lodgings - There are other sites, and of course. craiglist (wouldn't recommend anyone goes there :eek:)
    Paul_DNAP wrote: »
    Even as a non-rent paying lodger they will have some rights as an "excluded occupier" - and the basic rights are that you must give them reasonable notice that you wish them to leave,

    But, if they have paid any rent (or were due to pay any rent) then they are not excluded occupier, they are an occupier/tenant and they will need a court order to shift if they don't go at the end of the notice.

    An "excluded occupier" is exactly that regardless of whether they pay rent or not. If they had a lock on the bedroom door, it might be possible to argue that they are a tenant, but in the case of this thread, that argument isn't going to fly. Shelter suggest that "reasonable notice" should be a minimum of 7 days, but in reality, it could be as little as 7 hours or even 7 minutes if circumstances dictate.

    But the OP has given four weeks to vacate, so this is more than equitable, and gives the guest/lodger more than enough time.
    Any language construct that forces such insanity in this case should be abandoned without regrets. –
    Erik Aronesty, 2014

    Treasure the moments that you have. Savour them for as long as you can for they will never come back again.
  • kinger101
    kinger101 Posts: 6,788 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Paul_DNAP wrote: »
    But, if they have paid any rent (or were due to pay any rent) then they are not excluded occupier, they are an occupier/tenant and they will need a court order to shift if they don't go at the end of the notice.

    This is incorrect.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • elsien
    elsien Posts: 37,572 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Panic attacks or not, she's been taking the proverbial.
    You've been paying for everything and her pets as well? What was she spending her money on? Presumably if she's not working she's applied for benefits, and if she hasn't she can't expect to live off someone else for months.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Congrats that you've given her her notice.

    Do come back here if she tries to guilt trip you about this.
  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
    Ninth Anniversary 1,000 Posts
    rianess21 wrote: »
    I have told her she has four weeks from today, 24th July, to move.

    in writing as well?
    in S 38 T 2 F 50
    out S 36 T 9 F 24 FF 4

    2017-32 2018 -33 2019 -21 2020 -5 2021 -4 2022
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Also stop buying anything that supports her.

    Just lets stuff run out and do not replace.

    Keep a toilet roll in your bedroom and eat out/buy to eat daily.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Stop.Buying.Cat.Food.Right.Now.
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Paul_DNAP wrote: »
    Even as a non-rent paying lodger they will have some rights as an "excluded occupier" - and the basic rights are that you must give them reasonable notice that you wish them to leave, and you must take care of their belongings during the process.
    If they refuse to leave after that reasonable notice then you don't have to take them to court to evict them, you can change the locks.
    But, if they have paid any rent (or were due to pay any rent) then they are not excluded occupier, they are an occupier/tenant and they will need a court order to shift if they don't go at the end of the notice.


    Oh, and your notice does not need to include all the emotional guff about reasons you don't get on and stuff, possibly do that face to face but not in the letter, keep that to just a basic simple factual statement that you as the home owner no longer wish her to be your lodger and if she has not made alternative arrangements by (date) then you will evict her by changing the locks.

    No, as they are living with OP in her home they are at most, a lodger, not a tenant, and she will not need a court order.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 25 July 2018 at 12:01PM
    rianess21 wrote: »
    I have told her she has four weeks from today, 24th July, to move. I actually went to my sisters house today, and I realised I would need the spare room to store some her things. Things I can!!!8217;t bear to part with, like the piano my mum taught me to play on.
    I feel horribly guilty, but I know it!!!8217;s the right thing to do. I!!!8217;ve been enabling her to stay in limbo and not be an adult, to not get the help she needs. So it!!!8217;s a pretty bad atmosphere right now, but it will get better.

    Well done.
    And needing the space is good, as it gives you a reason (not that you need one, but it may make it easier if she tries to argue with you or to pressure you to let her stay longer)

    Consider booking a 'man with a van' for the day after she is due to leave and letting her know you've done so, so she knows that you won't be able to extend the notice period
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Rosemary7391
    Rosemary7391 Posts: 2,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    TBagpuss wrote: »
    Well done.
    And needing the space is good, as it gives you a reason (not that you need one, but it may make it easier if she tries to argue with you or to pressure you to let her stay longer)

    Consider booking a 'man with a van' for the day after she is due to leave and letting her know you've done so, so she knows that you won't be able to extend the notice period


    If it's a nice piano or the OP wants to use it, I'd reccomend a specialist piano mover - they're difficult to move and will need tuning post the move :)
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