My Lodger is not Leaving - Please help with legal advice.

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    #16
    You would help yourself OP if you did not start a new thread on the identical topic.

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      #17
      Originally posted by kuwi View Post
      Its a three room house all three rooms were at one point were all occupied by three different lodgers
      I will ask for others opinions because I am not an expert on resident landlords / lodgers, but I don't believe any of them could have been lodgers if there were 3 of them occupying all 3 bedrooms - ie, no where for a resident landlord to reside. And if they were't lodgers, they were tenants. As your current occupier was one of those 3, they are still a tenant and can not be 'downgraded' to a lodger.

      At the time the property was occupied by 3 'lodgers', it was a HMO, which is subject to much higher safety standards etc than a regular residential let, does the property comply? Was it licensed by the local authority?

      If I am right on my first point, this may be very relevant to issues of deposit protection (was a deposit taken?) and eviction.

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        #18
        Honestly, you need proper legal advice.
        This is a huge mess and it's getting worse with everything you do.

        Legal advice only seems expensive when you compare it with nothing.
        When you compare it with the costs of getting this wrong, it'd cheap.

        If the person is a lodger, you can give them notice and lock them out at the end of it.
        If they're a tenant and you do that, you (or your mother) can be fined and go to prison.
        It's not something to be tip toeing round trying to find answers online.
        You need a solicitor.
        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).

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          #19
          Thank you for all your comments - Appreciated.
          Can anyone recommend a good solicitor please ?

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            #20
            IMO, you need a good Solicitor, which we cannot recommend.
            Lodger status was expunged when the resident LL vacated for than a reasonable holiday.
            Proceed with s8, you may get a sympathetic Judge.
            T may claim for any rent paid, without due Notice of current LL who could find themslves in deeper SH1T.

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