How to evict guest

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  • How to evict guest

    I need advice on how to evict a guest who is refusing to leave my property. My brother-in-law asked me for shelter one year ago. He was jobless and homeless and just returned back to London after visiting his family back home. He had nowhere to go at that time. I was kind enough and agreed to provide him shelter for a maximum period of 3 months. He is not my tenant or lodger and doesn’t pay any rent or any money towards foods.
    After 2 months he managed to claim job seeker allowance but I never asked him to pay me a penny because he has wife, children and elderly parents back home who are financially dependent on him. A month later, I asked him to find a rented property and claim housing benefit but he wanted to make false claim that he was paying rent to me but I declined. He is very alcoholic and depressed and often started argument with me or my wife or my young children for no apparent reason under influence of alcohol. I asked him many times to leave but he kept making false promise.
    5 months later from the day he came to my house, he found a part time job and since last month he is working full time. My house is already overcrowded as I live with my wife, two young children and elderly disabled parents. I keep asking him to leave my property but he keeps lying to me that he is going to leave soon.
    Can anyone advice me how to evict him without having any problem? Is there any procedure that I have to follow?


  • #2
    He is what is known as an 'Excluded Occupier'.
    http://england.shelter.org.uk/housin...uded_occupiers
    (Probably an Unpaying Lodger if he has been using your address as his main residence for claiming JSA, for other letters, and for his employer).

    You can just set a date for him to leave and give him notice to leave by that date.
    Notice should be 'reasonable', at least 7 days.

    It may be best to put this in writing, and ask him to sign a copy that you keep -
    1. So that he see you are serious about wanting him gone.
    2. So you have something to show that you did ask him to leave by that date. (eg. to the police if necessary).

    If he doesn't leave by that date then this is one case where you can change the locks while he is out.
    When he comes back don't let him in.
    If he tries to break back in, or gets abusive/violent then call the police to remove him.

    He is entiled to be given his belongings back, but don't let him in to collect them. (Unless the police are there to put him out again if needed).
    Make some other arrangement to return his belongings.

    Have a read of these:
    http://www.lodgerlandlord.co.uk/2010...oblem-lodgers/
    http://www.lodgerlandlord.co.uk/2010...r-who-wont-go/

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    • #3
      Thanks for replying to my post. What happens if he refuses to sign letter? What are my other options?

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      • #4
        He doesn't have to sign anything, just giving him notice is enough.
        The signature simply helps make it totally clear that he has seen the notice and agrees.
        Even if he doesn't agree and sign, you still throw him out (without force/violence) when the notice period is at an end.

        Read those links I give above, they explain your options.

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        • #5
          Has he got a key to your house?



          Freedom at the point of zero............

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          • #6
            if you think you need to for your own peace of mind, then get someone to witness the 'serving' of the notice to leave - that way if he signs it or not you, know you have evidence of it being 'served' and it may help you feel more comfortable

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            • #7
              Once the permission to remain has been withdrawn, the other person becomes a trespasser.
              So, essentially, simply instructing the other person to leave (which has already happened) is sufficient.

              Putting it in writing might be helpful if the other person tries to make some mad attempt at legal action.
              But once the "notice" has expired, change the locks when they're out and keep them out.
              It'll be stressful for a short period, but the situation is untenable.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


              • #8
                I am writing to express my sincere thanks to everyone who were kind enough to answer my query. It is now clear to me and I am going to follow your advice.

                Once again many thanks. You guys are very helpful.

                Comment

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