Is it legal to lock lodger out of shared facilities prior to eviction date

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    Is it legal to lock lodger out of shared facilities prior to eviction date

    Hi everyone,

    My mum is having issues with a lodger that refuses to pay rent and has now given the lodger notice to leave at the end of the month. However, my mum has decided to lock the lodger out of using shared facilities (bathroom and kitchen). Is this legal to do prior to the eviction date? I've suggested my mum not to do this but I couldn't find any information online regarding this. I assume this would be similar to changing locks prior to eviction and just cause more headache for her.

    Also, is a verbal notice enough? The lodger has already denied receiving notice that my mum gave and managed to push it forward 5 days. I've told my mum to email/text her as proof but can the written communication can it be backdated?

    Any advice would be much appreciated. Thanks

    #2
    If the lodger refuses to pay rent, give them a weeks notice and then lock them out.
    A week is generous.

    The notice has to be reasonable and, for a lodger not paying rent 24 hours is probably enough.
    Lodgers have very few rights.

    I wouldn't try going half way, although I can see why your mother doesn't want to interact with her lodger, but I'd get rid completely.
    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


      #3
      If a lodger refuses to pay rent/is abusive you can give ZERO days notice. Lock them out of the whole place and pass their goods out of a window. Call the police (if we still have such a thing) if need be.

      Comment


        #4
        Thanks for your replies!!!

        The lodger pays monthly, is it still possible to give a weeks notice even during this pandemic? She's not paid rent since the 22nd. I have recommended calling the police if things get out of hand. The lodger has started video recording conversations with my mum which I'm pretty sure is illegal without her consent. Is this grounds to get the police involved as she now feels uncomfortable in her own home.

        Also, I'm correct in thinking the eviction ban does not extend to lodgers right? This woman is claiming she's a tenant and says my mum never told her she was a lodger (She's definitely a lodger). To be honest I feel like she heard about the recent eviction ban extension and somehow thinks it now applies to her.


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          #5
          You need to call a sudden halt to this. Today. The fact that the (unpaid) rent was monthly is irrelevant.

          Comment


            #6
            Yes, lodgers are excluded from the Protection of Eviction Act 1977. Change the locks when she's out. Do not give her access to the property. Pack her property up and arrange for her to collect it afterwards without allowing her entry back into the property.

            Comment


              #7
              Originally posted by qwertyq View Post
              Also, I'm correct in thinking the eviction ban does not extend to lodgers right? This woman is claiming she's a tenant and says my mum never told her she was a lodger (She's definitely a lodger). To be honest I feel like she heard about the recent eviction ban extension and somehow thinks it now applies to her.
              Yes, lodgers who don't pay rent can be evicted with short notice.
              I'm assuming this is in England or Wales btw.

              No the eviction ban doesn't apply to tenants.

              If the occupant lives in the same property as their landlord and shares facilities with them, they can't possibly be a tenant.
              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
                Originally posted by jpkeates View Post
                I'm assuming this is in England or Wales btw.
                Indeed. Nobody in Scotland who is sensible, and who cares about not being abused/raped/robbed in their home should take on a lodger ever. A very very bad idea.

                Comment


                  #9
                  Actual laughter.
                  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


                    #10
                    I lived there...

                    Comment


                      #11
                      Originally posted by jpkeates View Post
                      If the occupant lives in the same property as their landlord and shares facilities with them, they can't possibly be a tenant.
                      Various sources say that an occupier who lives with their LL and has exclusive access to their room (which many so-called lodgers probably do) is an excluded tenant.

                      e.g.

                      The main difference between a subtenant and a lodger is that a subtenant has exclusive use of their room. Their landlord needs permission before they can enter the subtenant's room. A lodger's landlord can enter the lodger's room without permission and often does so to provide services such as cleaning.
                      https://www.citizensadvice.org.uk/ho...dging/lodging/
                      There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

                      Comment


                        #12
                        Not that there are any more rapists and robbers in Scotland than anywhere else -- probably less so.
                        But if you invite someone into your home, and they turn out to be pilfering your stuff, threatening you, abusing you, or attempting to raping you, not paying rent or abusing your neighbours and friends -- and you then find that you cannot recover your position and safety in your own home for many months -- why would anyone risk that?

                        That's Scotland for you right now.

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                          #13
                          Originally posted by doobrey View Post
                          Various sources say that an occupier who lives with their LL and has exclusive access to their room (which many so-called lodgers probably do) is an excluded tenant.
                          It's an excluded occupier, not excluded tenant.
                          In practice, their rights are virtually identical to a lodger.
                          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


                            #14
                            Originally posted by jpkeates View Post
                            I'm assuming this is in England or Wales btw.
                            Yes we're in England luckily

                            Originally posted by doobrey View Post
                            Various sources say that an occupier who lives with their LL and has exclusive access to their room (which many so-called lodgers probably do) is an excluded tenant.
                            So the lodger is able to lock her room but my mum does have a spare key so could enter any time she wanted.

                            Thanks, everyone for the advice. I've gotten my mum to unlock the shared facilities. Given that she has already given the lodger 1-month notice she'll honour that unless things get worse. I'll personally let the lodger know that if continues any abusive/harassive behaviour (recording without consent) I'll immediately get the police involved to remove her from the house.

                            Comment


                              #15
                              I doubt Police will get involved for a Civil matter, but mother was well advised to release the communll areas

                              Comment

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