Lodgers not paying

greatcrested

Yaroslava said:

There is a box room with a spare bed which was agreed was still mine and I would be staying in when I returned to the UK. I do have a key so (with notice obviosuly) could move back in.  All my possessions are still in the house, my being away was only temporary, I didn't have a permanent address else where, which is why I considered them to be lodgers rather than tenants. 

The best case scenario for you is that you phone them, tell them you are planning to return next weekend and see how they respond. If it's "Oh how nice! Look forward to seeing you blah blah", then you move in tout suite. Friendly chat, rent paid, and either they decide to move out or you fom a nice friendly house-share (with you getting the boiler inspected etc etc).

There are risks asociated with this as has been explained.

Middle ground is that they respond "Sorry, we live here now, we've changed the locks, and as tenants we are entitled to Quiet Enjoyment." Your only option then really is to treat them as tenants and start regularising the tenancy.

Worst case is that you use your key to go in, they scream harassment and illegal eviction (Note: "acts likely to interfere with the peace or comfort of the residential occupier .....and ..he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation) Protection from Eviction Act 1977

and criminal proceedings follow.

jonnygee2

There is a box room with a spare bed which was agreed was still mine and I would be staying in when I returned to the UK.

Can you prove this? Is it written down somewhere? If no, might not count for much.

Even if yes it is far from black or white as to whether they are lodgers or tenants, particularly given you have rented out what was your main bedroom, and there's no written agreement to show that they don't have exclusive use of their bedrooms.

Comms69

jonnygee2 said:

There is a box room with a spare bed which was agreed was still mine and I would be staying in when I returned to the UK.

Can you prove this? Is it written down somewhere? If no, might not count for much.

Even if yes it is far from black or white as to whether they are lodgers or tenants, particularly given you have rented out what was your main bedroom, and there's no written agreement to show that they don't have exclusive use of their bedrooms.

I’m addition the OP returned and now lives elsewhere...

sharp910sh

You should also be paying your taxes, no excuse for this. Everyone has to pay their taxes you cant just say I am not paying to save them money. You should offer them money to leave I say and hopefully they do not threaten you with legal action. 

saajan_12

greatcrested said:

The best case scenario for you is that you phone them, tell them you are planning to return next weekend and see how they respond. If it's "Oh how nice! Look forward to seeing you blah blah", then you move in tout suite. Friendly chat, rent paid, and either they decide to move out or you fom a nice friendly house-share (with you getting the boiler inspected etc etc).

There are risks asociated with this as has been explained.

Middle ground is that they respond "Sorry, we live here now, we've changed the locks, and as tenants we are entitled to Quiet Enjoyment." Your only option then really is to treat them as tenants and start regularising the tenancy.

Worst case is that you use your key to go in, they scream harassment and illegal eviction (Note: "acts likely to interfere with the peace or comfort of the residential occupier .....and ..he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation) Protection from Eviction Act 1977

and criminal proceedings follow.

Practically speaking, greatcrested's advise is probably the best here: basically there's two interpretations
Lodgers-> you can move back in, ask them to leave with reasonable notice to either encourage them to pay or to get someone in who does pay. 
Tenants-> Under coronavirus act, there's no penalty / threat of eviction if they don't pay (though would have to catch up eventually). However your failures in providing landlord's address in writing, HMO licencing (if applicable), gas certificates, EPC, deposit protection, PI etc etc would mean you're exposed to much more to them and if any authorities decided to act. 

Follow greatcrested's advice to see if the occupants agree with your interpretation (lodgers) in which case its plain sailing. If not, then you're back where you started and it would be up to a court to ultimately decide. This would be based on the facts (electoral roll, GP, work, physical proof of your belongings / room, communication between you and occupants). 

zagubov

Hang on, if the tenants make a case the OP's not a resident landlord, and it comes out the landlord was overseas, don't the tenants become liable for the tax?

Comms69

zagubov said:

Hang on, if the tenants make a case the OP's not a resident landlord, and it comes out the landlord was overseas, don't the tenants become liable for the tax?

In theory yes, but ultimately that's going to come back onto the OP again, as they can still pursue him for the money they owe

carefullycautious

Would they be classified now as sitting tenants? or that an outdated term

KatrinaWaves

carefullycautious said:

Would they be classified now as sitting tenants? or that an outdated term

No. Why would they be sitting tenants? 

macman

They are either tenants or lodgers, one or the other.
Legal advice is needed as to whether the OP moving back in voids the current tenancy status. But I'm tempted to agree with greatcrested here: possession is nine tenths of the law, and if the tenants are even remotely savvy, then they're going to take the OP to the cleaners. 
OP, who is currently paying the council tax on the property? If it's an HMO, you are liable. Or is that another minor detail you didn't bother about? Your naivety about not declaring the rental income 'to keep the price low' is just breathtaking.