Tenancy help really needed

[Deleted User]

RAS said:

The presence of a lock may affect the legal situation, you need to clarify that before you do anything.

Cross-posted.

It doesn't make a difference.  It's still just a common law tenancy.  From Shelter Scotland...

"You will have what is known as a common law tenancy if:

• you share accommodation with your landlord (see above), but
• you have exclusive possession of part of the property (for example, you have your own bedroom)."

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

RAS

Good.

OP. You might want to suggest that your student speaks to the International Office, perhaps including that in the letter telling him he has to leave. 

They may know of funding sources; they almost certainly have a legal duty to know his current address. Either way, he's going to need somewhere else to stay.

HampshireH

Have you asked him when his current finance lasts till? It all sounds a bit odd that his funding would be pulled but his course and visa is ongoing

greatcrested

As an aside, I believe in Scotland, as in England, you have to undertake a  Right to Rent  check to ensure the tenant/lodger has the right to live here. If his visa expires in May, you can't grant him a contract beyond then.

macman

I see no requirement for a court order. You must give him reasonable notice to leave, If he does not, you can use reasonable force to remove him. 

theartfullodger

Agreed, apologies I was wrong, no court order needed (as long as landlord lived in property for ALL the time tenant was there..).

But what landlord things is reasonable force is not so important, but what judge/FTT eventually decided is reasonable.