Problem lodgers!

-taff

Err...Just checking, what country are you in?

FreeBear

The term to use when confronted by the police is "Excluded Occupier" - This means they have very little protection from eviction unless their "licence to occupy" confers any contractual rights. Yje fact that there is no written agreement is to your advantage.


Do not refer to them as tenants or subtenants - They are lodgers, plain and simple.


If they do not pay rent, then they become "guests" of the unwanted type - Even easier to remove as they don't have permission to be in the property, so are trespassing.

G_M

* the advice you have received above is correct- based on what you have told us
* they are lodgers, not tenants
* The Housing Act 1988 defines them as 'Excluded Occupiers', which means they are excluded from the protections that tenants get - you can quote this to the police.
* their eviction is a civil matter not a criminal matter - the police should not get involved
* having said that, for whatever reason, the police have got involved so cannot be ignored unless you want grief. Even if eventually all charges against you were dropped, arrest would be unpleasant!
* so visit your local police station and ask to see a senior officer. If necessary, register a complaint. Explain calmly the legal position as above
* repeat that you have given proper notice to your 'Excluded Occupiers' as defined by the Housing Act 1988
and that court procedures are not required. Your 'Excuded Occupiers' have a 'Licence to Occupy' which you can withdraw at any time, not a tenancy.
* if the police suggest that you are illegally sub-letting, this is a civil matter matter between you and your landlord, and not a criminal matter for the police.
*Make notes of what is said. Note the name, rank and number of the officer. But be polite!
* Then go back and change the locks and remove your lodgers

David_Evans

I think subletting a COUNCIL house / flat is a criminal matter.
That may be what has caused the confusion.

G_M

David_Evans wrote: »

I think subletting a COUNCIL house / flat is a criminal matter.
That may be what has caused the confusion.

This may indeed be the cause of the police misunderstanding, but (from what's been said) the OP is not subletting.


Hence the need to discuss and clarify with the police.

AnotherJoe

Miss_Mary12 wrote: »

Can their status change from lodgers to tenants because they have more than a year living at the address? And also will the fact that they receive mail at the adress changes anything..?

No, and no, in that order.

babyblade41

This is nonsense and unless you were threatening the lodgers then police would not come out at all.

I think this maybe someone who has a bit too much time on their hands... Change the locks now, bag their stuff up and place outside and carry on with your day .
Get a locksmith out they can usually come out in an hour or so and change all locks and that's the end of it ,

Utter nonsense ..the whole post

Also how are you living in 4 bed social housing accommodation? , it seems extreme for two of you

TheGardener

David_Evans wrote: »

I think subletting a COUNCIL house / flat is a criminal matter.
That may be what has caused the confusion.

Taking in lodgers is actively encouraged by many councils as a way of providing more 'beds' and reducing the impact on occupants struggling with the 'bedroom tax. However, actually subletting (moving out and renting the property to someone else) a council property is a breach of tenancy.

Miss_Mary12

Thank you for all your advices! I will try and speak to a senior officer from the police and explain everything and just go from there.

I never said it was a social housing accomodation! It is a private letting!

t0rt0ise

If you talk of subletting and of being a tenant landlord as you have done in this thread, you will confuse the issue with the police and your lodgers. They are simply lodgers and that's all.