Evicting Lodgers

akorn77

Hi All, 

Quick question - are lodgers subject to the normal contractual eviction rules? My lodgers contract states 4 weeks. 

I am currently staying at a different property during this lockdown period and my lodgers have stopped the paying rent (despite me knowing, they have a large amount of savings!). I've given a grace period for now, but if they keep not paying and If they refuse to leave the house, am I within my legal right enter the property at the end of the 4 weeks notice & change locks/kick them out? 

Comms69

Your question is contradictory.

You ask if they are subject to contractual notice - obviously yes. And then suggest that you intend to give them contractual notice?

[Deleted User]

akorn77 said:

Hi All, 

Quick question - are lodgers subject to the normal contractual eviction rules? My lodgers contract states 4 weeks. 

I am currently staying at a different property during this lockdown period and my lodgers have stopped the paying rent (despite me knowing, they have a large amount of savings!). I've given a grace period for now, but if they keep not paying and If they refuse to leave the house, am I within my legal right enter the property at the end of the 4 weeks notice & change locks/kick them out? 

Assuming this is ordinarily your main residence then of course you can enter it.  You can enter it any time you like and if that means going in and changing the locks in 4 weeks time so be it.  It's tenants who cannot be legally evicted at the moment, not lodgers, because to evict a tenant a possession order is required and courts have suspended issuing those for the time being.

Have your lodgers given you any indication as to why they have stopped paying the rent?

theartfullodger

As you are no longer living there, depending on circumstances, you will no longer be a "resident landlord" and thus they ain't lodgers any more but are AST tenants.  So, s21 ( v v v unlikely to be valid given no paperwork..) or s8 (arrears , no chance of court hearing for months..)

Artful: Landlord since 2000

akorn77

Sorry to add context, i've been staying elsewhere last few months (been going back to my house to stay there every couple weeks) due to work & as i was buying a 2nd property. I had obtained consent to let on the house, and was intending on converting them to AST once I had completed on the new flat. But the new place is at pre-exchange and the transaction isnt moving. 

They've not indicated why they're not paying, they just said they cant pay this months rent. Although I know they have at least £40k in savings (source: they told me). 

I'm just trying to learn my rights, just in case an eviction is required. I don't intend on evicting them at this very moment in time. 

greatcrested

If they are lodgers, then they are bound by the contract you and they agreed ie 4 weeks. And so are you.

If it is your main residence, you can go in and out as you wish.

And evict them/change the locks after the notice period (served I assume in writing to avoid argument.

However you have clearly muddied the legal waters, and may well have created a tenancy.

staying elsewhere last few months (been going back to my house to stay there every couple weeks) due to work & as i was buying a 2nd property. I had obtained consent to let on the house

Sounds like you a) live elsewhere and b) don't plan to live there in the future.

was intending on converting them to AST once I had completed on the new flat.

An AST is created by the circumstances, not by an arbitrary date when you decide to 'convert them'. It is your actions, not your decisions, that a court would consider in determing whether they are tenants, protected by the Housing Act,or lodgers, reliant soley on the contract terms.

Be careful. Should they be the ones posting here for advice, they may well be told to change the locks themselves, deny you access, and require you to serve them a S21 or S8 Notice should you want to evict.

And forcing entry could be contrary to the Protection from Eviction Act (Ss 1&2 harassment) and other (criminal) statutes...

zagubov

As mentioned above, please make sure you're not doing anything to change the tenure of your lodgers or even make them confused about their status in your main home. Are you still using that house as your contact address, making sure the lodgers haven't fitted locks, etc?
Most importantly, I presume when you're out of the house you're socially distancing (as are they) so you don't bring back contagion when you return?

akorn77

greatcrested said:

If they are lodgers, then they are bound by the contract you and they agreed ie 4 weeks. And so are you.

If it is your main residence, you can go in and out as you wish.

And evict them/change the locks after the notice period (served I assume in writing to avoid argument.

However you have clearly muddied the legal waters, and may well have created a tenancy.

staying elsewhere last few months (been going back to my house to stay there every couple weeks) due to work & as i was buying a 2nd property. I had obtained consent to let on the house

Sounds like you a) live elsewhere and b) don't plan to live there in the future.

was intending on converting them to AST once I had completed on the new flat.

An AST is created by the circumstances, not by an arbitrary date when you decide to 'convert them'. It is your actions, not your decisions, that a court would consider in determing whether they are tenants, protected by the Housing Act,or lodgers, reliant soley on the contract terms.

Be careful. Should they be the ones posting here for advice, they may well be told to change the locks themselves, deny you access, and require you to serve them a S21 or S8 Notice should you want to evict.

And forcing entry could be contrary to the Protection from Eviction Act (Ss 1&2 harassment) and other (criminal) statutes...

I don't think living elsewhere temporarily (in my case a few months over a long time period) would necessarily create a guaranteed "tenancy" under UK law. You're right that I have no intention to go back, but this was due to the valid reason of a flat purchase. Due to covid pandemic, there is a valid reason as to why I may want to return to the property full-time. If I'm not mistaken there is no definition of "main residence" in UK law, but rather precedent, so there are alot of factors which would classify it as main residence. Generally speaking, I agree in that it does make things muddy. These unprecedented times will certainly bring a new rule book with it in the coming years. 

zagubov said:

As mentioned above, please make sure you're not doing anything to change the tenure of your lodgers or even make them confused about their status in your main home. Are you still using that house as your contact address, making sure the lodgers haven't fitted locks, etc?
Most importantly, I presume when you're out of the house you're socially distancing (as are they) so you don't bring back contagion when you return?

Both parties are crystal clear that they're lodgers. All my post is there, and there are no locks etc. in the home. I'm not taking any action to change their status or contract. 

[Deleted User]

There have been cases of occupants spending very long periods of time away from their home, but being able to uphold the case that the property they've spent so long away from continues to be their principle residence.  I think key elements are the reason that they are away, plus their being able to prove their  intention to return.

I found myself reading the following case in an idle moment.  It's about a housing benefit claimant who was away for very long periods due to protracted medical treatment abroad:

https://assets.publishing.service.gov.uk/media/595b6f2140f0b60a400000f2/CH_0025_2017-00.pdf

FreeBear

akorn77 said: I don't think living elsewhere temporarily (in my case a few months over a long time period) would necessarily create a guaranteed "tenancy" under UK law. You're right that I have no intention to go back,

It is generally accepted that a live in landlord can be absent from the property for short periods of time. As long as the LL was in residence at the beginning of the occupancy and at the end, then they are still considered lodgers. The key test is if the LL intends to return to live in the property. If the LL moves out permanently, then the lodgers become tenants with all the rights that the law gives them.

OP - If you want these lodgers out, then you need to do it before you exchange/complete on this new flat, otherwise you will (probably) have to go to court to gain possession.

[Deleted User]

akorn77 said:

Hi All, 

Quick question - are lodgers subject to the normal contractual eviction rules? My lodgers contract states 4 weeks. 

I am currently staying at a different property during this lockdown period and my lodgers have stopped the paying rent (despite me knowing, they have a large amount of savings!). I've given a grace period for now, but if they keep not paying and If they refuse to leave the house, am I within my legal right enter the property at the end of the 4 weeks notice & change locks/kick them out? 

If they are lodgers and not paying rebt then I question their right to 4 weeks notice at all.

However, you should move back into your main residence to consolidate that this is a lodger arrangement. You are clearly at risk of having already created an AST based on the evidence but that would be for a Court to decide. 

It is a question of risk and potential liability which is scary.