Lodger for 17 years now a problem

theartfullodger

Baldytyke88 said:

theartfullodger said:

Regarding eviction of lodgers see here....

Tenants with a contract only get 6 months, you could ask for a months written notice. Just keep on friendly terms and ask to be kept informed.

Do you mean 6 months notice?

If so (or otherwise) which country do you think this applies to please?  It's news to me . 

newsgroupmonkey_

_Penny_Dreadful said:

In lieu of anything in writing your resident landlord is legally required to give you reasonable notice. What is reasonable? A rule of thumb could be notice the same length as your rental periods so if you pay rent monthly then one month’s notice would be reasonable. The notice doesn’t have to be in writing.

This could be interesting. I was thinking about this, this morning.

I quote from Citizens Advice....

If you didn’t agree an end date with your lodger and need permission to enter their room

The notice period should be the same as the ‘rent period’ - the rent period is the amount of time between rent payments. For example, if your lodger pays rent monthly, you must give them a month’s notice.

The OP is paying every 6 months.

BarelySentientAI

newsgroupmonkey_ said:

_Penny_Dreadful said:

In lieu of anything in writing your resident landlord is legally required to give you reasonable notice. What is reasonable? A rule of thumb could be notice the same length as your rental periods so if you pay rent monthly then one month’s notice would be reasonable. The notice doesn’t have to be in writing.

This could be interesting. I was thinking about this, this morning.

I quote from Citizens Advice....

If you didn’t agree an end date with your lodger and need permission to enter their room

The notice period should be the same as the ‘rent period’ - the rent period is the amount of time between rent payments. For example, if your lodger pays rent monthly, you must give them a month’s notice.

The OP is paying every 6 months.

Citizens Advice add a "must" where none exists.

The "must" is that the notice period shall be reasonable.  An example is given that one rental period would be acceptable as reasonable, by it doesn't say that one rental period is required or that anything less would not be reasonable.

propertyrental

Baldytyke88 said:

theartfullodger said:

Regarding eviction of lodgers see here (assuming England - is it??)
https://england.shelter.org.uk/housing_advice/eviction/eviction_of_lodgers_and_other_excluded_occupiers


As long as your landlord has been genuinely living in the same building (apart from hols, hospital etc etc ) you are a lodger and easily evicted... 

Tenants with a contract only get 6 months, you could ask for a months written notice. ........

Can't let that pass. So far as I know, none of the UK nations' tenancy rules include "tenants with a contract only get 6 months"

newsgroupmonkey_

BarelySentientAI said:

newsgroupmonkey_ said:

_Penny_Dreadful said:

In lieu of anything in writing your resident landlord is legally required to give you reasonable notice. What is reasonable? A rule of thumb could be notice the same length as your rental periods so if you pay rent monthly then one month’s notice would be reasonable. The notice doesn’t have to be in writing.

This could be interesting. I was thinking about this, this morning.

I quote from Citizens Advice....

If you didn’t agree an end date with your lodger and need permission to enter their room

The notice period should be the same as the ‘rent period’ - the rent period is the amount of time between rent payments. For example, if your lodger pays rent monthly, you must give them a month’s notice.

The OP is paying every 6 months.

Citizens Advice add a "must" where none exists.

The "must" is that the notice period shall be reasonable.  An example is given that one rental period would be acceptable as reasonable, by it doesn't say that one rental period is required or that anything less would not be reasonable.

I did pick that up though from the link in your pinned post.
If one rental period is deemed reasonable, then 6 months notice is still reasonable no?

I mean, I'm picking up that the OP has been there for 17 years. Sees it as a long-term proposition and would expect to be given a decent chunk of notice.

propertyrental

As I said, unless someone here knows of a precedence, we cannot 2nd guess what a judge would rule 'reasonable' in a case like this. There is no statutory definition.

BarelySentientAI

newsgroupmonkey_ said:

BarelySentientAI said:

newsgroupmonkey_ said:

_Penny_Dreadful said:

In lieu of anything in writing your resident landlord is legally required to give you reasonable notice. What is reasonable? A rule of thumb could be notice the same length as your rental periods so if you pay rent monthly then one month’s notice would be reasonable. The notice doesn’t have to be in writing.

This could be interesting. I was thinking about this, this morning.

I quote from Citizens Advice....

If you didn’t agree an end date with your lodger and need permission to enter their room

The notice period should be the same as the ‘rent period’ - the rent period is the amount of time between rent payments. For example, if your lodger pays rent monthly, you must give them a month’s notice.

The OP is paying every 6 months.

Citizens Advice add a "must" where none exists.

The "must" is that the notice period shall be reasonable.  An example is given that one rental period would be acceptable as reasonable, by it doesn't say that one rental period is required or that anything less would not be reasonable.

I did pick that up though from the link in your pinned post.
If one rental period is deemed reasonable, then 6 months notice is still reasonable no?

I mean, I'm picking up that the OP has been there for 17 years. Sees it as a long-term proposition and would expect to be given a decent chunk of notice.

The issue is the lower bound of reasonable, not the upper.

Of course 6 months would be reasonable, but that doesn't necessarily mean that 3 months (or 1 month, or 2 days) is not reasonable.

Much of UK law is like this and, as property rental points out, without precedents there is little clarity.

Skiddaw1

I don't think the OP is coming back anyway so it's probably all accademic...

Baldytyke88

propertyrental said:

Can't let that pass. So far as I know, none of the UK nations' tenancy rules include "tenants with a contract only get 6 months"

Maybe I should have thought about it more.

Perhaps this is what I was thinking of, from the Government website.

"Assured shorthold tenancies (ASTs) In some circumstances, you can take back your property without giving any reason. To do this, all of the following must apply:

    you’ve protected your tenants’ deposit in a deposit protection scheme
    the date they must leave is at least 6 months after the original tenancy began (the one they signed on first moving in)
    they have a periodic tenancy - or they have a fixed-term tenancy and you are not asking them to leave before the end of the fixed-term"

propertyrental

Baldytyke88 said:

propertyrental said:

Can't let that pass. So far as I know, none of the UK nations' tenancy rules include "tenants with a contract only get 6 months"

"Assured shorthold tenancies (ASTs) In some circumstances, you can take back your property without giving any reason. To do this, all of the following must apply:

    you’ve protected your tenants’ deposit in a deposit protection scheme
    the date they must leave is at least 6 months after the original tenancy began (the one they signed on first moving in)
    they have a periodic tenancy - or they have a fixed-term tenancy and you are not asking them to leave before the end of the fixed-term"

Baldytyke88 said:

propertyrental said:

Can't let that pass. So far as I know, none of the UK nations' tenancy rules include "tenants with a contract only get 6 months"

Maybe I should have thought about it more.

Perhaps this is what I was thinking of, from the Government website.

"Assured shorthold tenancies (ASTs) In some circumstances, you can take back your property without giving any reason. To do this, all of the following must apply:

    you’ve protected your tenants’ deposit in a deposit protection scheme
    the date they must leave is at least 6 months after the original tenancy began (the one they signed on first moving in)
    they have a periodic tenancy - or they have a fixed-term tenancy and you are not asking them to leave before the end of the fixed-term"

That applies to the earliest a tenancy can be ended. Not how long the notice given must be .

2 months notice via S21 served in month 4 to expire end of month 6 would be valid (subject to all other relevant criteria).