Evicting a lodger in Scotland

G_Doggy_Jr

I have a lodger living in my flat who has been here for several years, but he is doing things that, while not breaking terms of a tenancy agreement, are making me uncomfortable. Because of this, I am considering asking him to leave. However, I am unsure about how much notice I am required to give, and I want to make sure about it before telling him I want him to leave. We do not have a written tenancy agreement, and there was no agreed fixed period when he moved in.

Shelter Scotland says that as there is nothing in the tenancy agreement about asking him to leave at any time, then I can only ask him to leave at the end of the fixed period, and that the fixed period renews itself automatically each year - so if he first paid rent on the 1st of January 2015, that would mean the soonest I can ask him to leave is the 1st of January 2021.

This seems unfortunate for me that I would have to wait almost a year to evict a lodger, so I wanted to get some second opinions to confirm this, before going ahead and giving him notice to quit.

Shelter_Scotland wrote:

If you have a written tenancy agreement it may tell you that your landlord can ask you to leave by giving you a written notice asking you to leave at any time. Your notice must be at least four weeks. If there is nothing in your tenancy agreement about this, your landlord can only ask you to leave:

- because you have broken a condition of your tenancy agreement, or
- at the end of the fixed period of your tenancy.

[...]

If you have been given a tenancy for a fixed period of time, for example if you are staying in halls of residence or temporary accommodation, your landlord can ask you to leave at the end of the fixed period. If the fixed period of your tenancy was for less than a year, your landlord must tell you at least four weeks before the fixed period ends that you will have to move out. If the fixed period was for a year or more, you must be given at least 40 days' notice.

If you are not given notice in time, your fixed period will renew itself for the same duration.

If a fixed period was not agreed when you moved in, it is usually assumed that your tenancy will last for one year from the date that you moved in or first paid rent. Your landlord can end the tenancy at the end of that year by giving you at least 40 days' notice.

Source: scotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_common_law_tenants

davidmcn

That seems accurate advice to me, though you can of course ask him to leave earlier than that.

DoaM

So a lodger in Scotland is a Common Law tenant?

davidmcn

DoaM wrote: »

So a lodger in Scotland is a Common Law tenant?

That's right.

theartfullodger

DoaM wrote: »

So a lodger in Scotland is a Common Law tenant?

See advice on need or not for a court order from the experts, Shelter Scotland
http://scotland.shelter.org.uk/legal/security_of_tenure/common_law_tenants_and_non-tenant_occupiers/ending_a_common_law_tenancy#6


Surely FTT these days?

G_Doggy_Jr

Thanks for the replies.

I spoke to a solicitor today; he said that because I live with my lodger, I would not need to give such extensive notice.

Edit: I probably misunderstood what the solicitor was saying.

[Deleted User]

G_Doggy_Jr wrote: »

Thanks for the replies.

I spoke to a solicitor today; he said that because I live with my lodger, I would not need to give such extensive notice.

That's odd advice. If you didn't live with your lodger then they wouldn't be a lodger. :think:

G_Doggy_Jr

Lover_of_Lycra wrote: »

That's odd advice. If you didn't live with your lodger then they wouldn't be a lodger. :think:

Ha, yes. In the context of my conversation, he was differentiating between my situation with my lodger, and the other common law tenant situations which are described on the Shelter page I quoted in this thread, such as student halls, for example.

Edit: I probably misunderstood what the solicitor was saying / did not phrase my question correctly.

DoaM

theartfullodger wrote: »

Surely FTT these days?

Which of these applies please? Frank's Toothache Tincture?

davidmcn

DoaM wrote: »

Which of these applies please? Frank's Toothache Tincture?

First Tier Tribunal.

Mojisola

G_Doggy_Jr wrote: »

I spoke to a solicitor today; he said that because I live with my lodger, I would not need to give such extensive notice.

G_Doggy_Jr wrote: »

Ha, yes. In the context of my conversation, he was differentiating between my situation with my lodger, and the other common law tenant situations which are described on the Shelter page I quoted in this thread, such as student halls, for example.

Has your solicitor read this page?
https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/common_law_tenancies/about_common_law_tenancy_rights

"Common examples of common law tenants:
tenants living with their landlord
students living in university owned student accommodation
homeless persons living in temporary accommodation provided by the council."