Removing lodger with no form of tenancy

kitchensink1

Please can someone advise where I stand legally in the following

I am joint mortgage holder of a property that I moved out of 9 years ago, leaving my ex husband to maintain payments. I was informed last week that he had moved out. He didn't give me any notice and was suggesting a voluntary repossession, leaving me with no option but to take control of the property.

There's currently 2 months mortgage arrears and we have another situation of a lodger who is refusing to leave. There is no tenancy aggreement in place and up until 3 months ago, he was paying a small amount of rent each month to help out my ex husband. The only bill he is named on is council tax. He has been given time to move out, but is now saying that he will now go down the legal route if we force him to leave when we are asking him to and is being very difficult.

Obviously I want to try and avoid any legal routes, as I have a number of other costly issues that I need to tackle. Do I have the rights to simply remove him, with the fact there is no form of tenancy agreement and that he is 3 months behind on the rent he was paying? He's expecting my ex to keep the facilities switched on too, which I think is totally unreasonable considering he doesn't pay for them.

Any help on a Sunday would be really appreciated.

00ec25

no you cannot throw someone out

imagine how much you would squeal on here if it happened to you

yes you need to go the legal route - just because there is no tenancy document does not mean there is no tenancy and since you are not the resident landlord, they are not your lodger, they are your tenant.

NewShadow

There are some really great landlords on here who can advise but my first instinct would be to question if he's still a lodger.

If your ex has moved out - with no formal agreement setting out the terms for the lodger - it's possible they're now a tenant. Slightly confused given I don't know if that's the case given he's stopped paying rent before your ex/resident landlord moved out.

If he is classed as a tenant - I believe - without a contract, a tenant is automatically on a periodic tenancy with the rental period being in line with the rent payment frequency.... subject to someone who knows more here correcting me.

I believe you can then serve notice - but I'm not sure what form - to expire at the end of two rental periods... but that they don't have to move out until/unless you get a court ruling which ends the tenancy.

As above - hefty caveats, but that's my initial view.

My initial advice would be for you or your ex to move in sharpish - because it's much easier to get a lodger to leave than evict a tenant...

CIS

Based on what you have said, The 'lodger' should not be named on the council tax bill as he's not liable.


Whilst your husband was resident then he fell liable but from the point he moved out the remaining lodger does not have a tenancy of the whole property. This means the council tax liability falls on to the joint owners to pay.

CIS

As the landlord is no longer resident, and the lodger is paying rent for part of the property, they may have a tenancy on thar part. This means that they have far more rights than a lodger and are far harder to evict.



Make sure any eviction is undertaken correctly as it is a very expensive mistake, and possibly a criminal offence, if the eviction is unlawful.

Simby

I would suggest potentially moving into the property ( today)

Then once you have moved in .. giving the lodger a week or two to leave. The issue now is the lodger has the whole house you need to ensure he stay a lodger ( so if you move in today then he effectively remains a lodger) . much much easier to evict a lodger


Then changing the locks when he is out but remember you need to allow him to have his belongings ( maybe put them in a garage)

theartfullodger

Simby wrote: »

I would suggest potentially moving into the property ( today)

Then once you have moved in .. giving the lodger a week or two to leave. The issue now is the lodger has the whole house you need to ensure he stay a lodger ( so if you move in today then he effectively remains a lodger) . much much easier to evict a lodger

Then changing the locks when he is out but remember you need to allow him to have his belongings ( maybe put them in a garage)

Unwise: That would be illegal eviction and perhaps harassment: Both criminal offences that landlords can & have gone to jail for. And large fines (£10k+ not unheard of...)

The occupant is a tenant as neither you or ex is resident: They moved from lodger to tenant when ex moved out. You or him moving back in does not change his AST tenancy status. There is an entirely valid AST tenancy, verbal. His landlord is probably whoever he pays/paid rent to (I'm guessing ex..).

Trouble is normal eviction route would be s21 but as presumably there is no proof of service of GSC, EPC etc etc etc any s21 notice will be invalid.

Try bribery: Were I the tenant I'd be wanting £5k plus.

Artful: Landlord since 2000. Created a similar mess when I started as a landlord thinking I knew everything: Now I know I don't know most things.

Simby

And would moving back in permanently and not evicting the lodger day for a year have the same issue

Op could sell thier other house and live in this property, then after a prolonged period of time evict said lodger? Say 6 months a year or two....

Given ex moved out one week ago , it seems extreme that the lodger suddenly becomes a tenet so quickly and there is no opportunity for the owners to swap who lives there

paddyz

Do you know exactly how long ago your ex partner moved out ?

diggingdude

How long has tenant been paying council tax, they will argue they have tenancy from that date

theartfullodger

Offer tenant new AST tenancy at significantly lower rent. Get all paperwork perfect. Wait 6 months - s21 now an option.

Who has been declaring ALL the rent income? I hate tax cheats, whoever they are
., Tenant, agent, Landlord, MP...