Unwanted Lodger

propertyrental

blackbirdxx said:

The house is in London oK
Her name is on the mortgage only and the deeds?
and they do not share a bed.
I guess he could argue he has been paying towards the mortgage How, based on what follows? all of these years as they both work and split costs Split what costs?.

 As far as I know, she pays the mortgage and he pays the food and towards the bills.
so he is not paying towards the mortgage is he? Just living costs. Nothing towards the property (from what you say)
He does pay, however, far less than he would if he was paying private rental. irrelevant
He has never paid towards any maintenance/extensions on the house or put in any capital. OK

I do appreciate this isn't an easy problem to resolve but does anybody have any good ideas of how she can end this stalemate. Is a solicitor the only way?

thanks

Based purely on the limited info here, I'd say he's an 'Excluded Occupier' so as I said earlier, 'Reasonable notice' then change the locks.

But I'm just a bush lawyer!

doodling

Hi,

propertyrental said:

blackbirdxx said:

The house is in London oK
Her name is on the mortgage only and the deeds?
and they do not share a bed.
I guess he could argue he has been paying towards the mortgage How, based on what follows? all of these years as they both work and split costs Split what costs?.

 As far as I know, she pays the mortgage and he pays the food and towards the bills.
so he is not paying towards the mortgage is he? Just living costs. Nothing towards the property (from what you say)
He does pay, however, far less than he would if he was paying private rental. irrelevant
He has never paid towards any maintenance/extensions on the house or put in any capital. OK

I do appreciate this isn't an easy problem to resolve but does anybody have any good ideas of how she can end this stalemate. Is a solicitor the only way?

thanks

Based purely on the limited info here, I'd say he's an 'Excluded Occupier' so as I said earlier, 'Reasonable notice' then change the locks.

But I'm just a bush lawyer!

That seems an appropriate approach.  I would spend the money necessary to confirm it with a solicitor.

Note that whether he is entitled to some of the value of the house is a separate question.  A lot will depend on exactly who has made what contribution, for what purpose and what the joint intention was at the time.

km1500

To me, there are two separate issues

The house is hers - she can ask him to move out immediately

Separate to that, down the line, maybe he could claim a financial interest in the house if he has been eg contributing to the mortgage. Ordinary sharing of expenses do not count

sevenhills

propertyrental said:

Based purely on the limited info here, I'd say he's an 'Excluded Occupier' so as I said earlier, 'Reasonable notice' then change the locks.

But I'm just a bush lawyer!

Someone who has lived at a property for 25 years needs to be given reasonable written notice, I would suggest that is between 1-6 months.

The address will be held by his bank, polling record etc, assuming his name is not on any bills, like broadband.

pinkshoes

I would suggest she gives him formal written notice.

Dear <lodger's name>.

I am afraid that I no longer require a lodger, so I am hereby giving you notice to vacate your room and leave this property by X date. Due to the length of time you have lodged in my property, as a gesture of good will I am giving you 8 weeks to find alternative accommodation, after which date the locks on the property will be changed. 

Please let me know if you require a reference for your future lodgings. As a gesture of good will, I will also give you the sum of £XXXX if you move out by the date stated to compensate for the inconvenience of having to move. If you do not move out by this date the offer of this sum of money will be withdrawn.

Thank you for your cooperation. 

<name sdflkjdslkjf>

I am assuming this friend has bank records showing that only she has paid the mortgage, and has received money only to cover bills from this man?

theartfullodger

Rent does not have to be money (or direct paid money).  That he has contributed could mean a judge decides it's rent...

Proceed with care. A mess, sorry  Do a deal.

km1500

Even if it is 'rent' he is only a lodger not a tenant and can be asked to leave

Grizebeck

I would recommend professional advice.

theartfullodger

km1500 said:

Even if it is 'rent' he is only a lodger not a tenant and can be asked to leave

Agreed, but only if owner genuinely lived there ALL the time he was there: For 15 years?  Otherwise a tenant, and no paperwork required for any s21 to be valid..

Do a deal.

blackbirdxx

Some good ideas, many thanks!