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What to do about the lodger?

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Comments

  • Newly_retired
    Newly_retired Posts: 3,226 Forumite
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    The so called lodger has no contract or agreement so has no right to stay. They have no grounds to fight to stay and no recourse to the law to enable them to do so. 

     Hand the keys to the HA and walk away. Leave them to deal with everything. You are under no obligation as long as the estate is insolvent and you do not intermeddle. 
  • molerat
    molerat Posts: 34,978 Forumite
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    edited 3 April 2022 at 3:27PM
    HAs are very good at trying to pass the buck so they don't have to work for a living.  OP does not have to do anything, no one has to deal with another person's estate, no debts or responsibilities are passed on. Only if there are major financial gains of doing so should they get involved. The only person who had any responsibility over the lodger and the house contents was the mother and as she is no longer around it is down to the property owner to deal with.  HAs will have a team or contractor on call to clear houses, it is not an uncommon occurrence and seen on many fly on the wall TV documentary series.
  • macman
    macman Posts: 53,129 Forumite
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    No 'eviction' is necessary, as the lodger is not a tenant. They can be given minimal notice and removed using reasonable force.
    No free lunch, and no free laptop ;)
  • msb1234
    msb1234 Posts: 624 Forumite
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    The so called lodger has no contract or agreement so has no right to stay. They have no grounds to fight to stay and no recourse to the law to enable them to do so. 

     Hand the keys to the HA and walk away. Leave them to deal with everything. You are under no obligation as long as the estate is insolvent and you do not intermeddle. 
    What does ‘intermediate’ mean please?
  • msb1234
    msb1234 Posts: 624 Forumite
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    Sorry, I meant to say ‘intermeddle’. Damn spellcheck!
  • Alderbank
    Alderbank Posts: 4,092 Forumite
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    macman said:
    No 'eviction' is necessary, as the lodger is not a tenant. They can be given minimal notice and removed using reasonable force.
    It depends on which country you are in.

    In Scotland, where I live, forcing a lodger to leave their home is considered illegal eviction and is a criminal act.
    In the absence of any other agreement the lodger (we call them 'common law tenants') must be given at least 40 days notice. Only if he doesn't leave at the end of the notice period can you start legal process in the Sheriff Court to force them to leave.

    I think things are different in England and Wales?
  • Flugelhorn
    Flugelhorn Posts: 7,450 Forumite
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    msb1234 said:
    Sorry, I meant to say ‘intermeddle’. Damn spellcheck!
    there is a bit of an explanation here https://www.nelsonslaw.co.uk/intermeddling/ basically means having statrtedf the work of an executor, there are some things that you are allowed to do without it considered to be intermeddling and they are also listed
  • Choppit69
    Choppit69 Posts: 21 Forumite
    Fourth Anniversary 10 Posts
    Update: The "lodger" refused to leave, and is claiming to have the right to apply for the tenancy as "Personal Representative" of the MIL. We've informed the HA, and handed over the keys as requested.
  • Savvy_Sue
    Savvy_Sue Posts: 47,470 Forumite
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    Choppit69 said:
    Update: The "lodger" refused to leave, and is claiming to have the right to apply for the tenancy as "Personal Representative" of the MIL. We've informed the HA, and handed over the keys as requested.
    All you can do, under the circumstances.
    Signature removed for peace of mind
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