Difficulty evicting lodgers - help needed please

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    Difficulty evicting lodgers - help needed please

    I started off this this thread: https://forums.landlordzone.co.uk/fo...-notice-period , but am now starting another one to put things in a different context.

    Let's consider this hypothetical scenario - which, based on my experience so far, is likely to occur.

    Notice has been served and the notice period has passed.
    Now, the lodger pops out for shopping, I change the locks. He comes back, finds the locks have been changed and calls the police because he claims he's being evicted illegally.

    The police come. They don't really know the law and the difference between lodgers and tenants. The lodger may convince the police they're a tenant. There are other lodgers at the house who are also so convinced (or pretend to be) and have teamed up so as to protect themselves from eviction; the Covid situation, among other things, gives them reasons to. Other reasons being that they, too, have been served notices.

    So it's everyone against me, and they turn the police against me.
    The police arrest me, force me to open the door for the lodger and things possibly go to court, which may take a long time to get sorted and is not guaranteed that it will be in my favour.

    To prove he's a lodger I need to prove I share accommodation with him, e.g. the bathroom or kitchen. Which I do (some facilities thereof anyway), but I also have my own bathroom and kitchen, so they could tell the relevant people (police, court,...) that I don't and since everyone is against me, it would be hard to find a witness.

    Any tips or leads to a good solicitor? How do I deal with the police? Or what do I do to convince the lodger(s)?

    Please help.

    #2
    Most solicitors would be able to help, and help you determine whether these people are really lodgers or tenants.
    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 they really are lodgers I think you are overthinking this. We are not fully a police state yet.

      But if they are not lodgers .... you have two kitchens eh.... and they have their own bathroom. It is starting to look messy

      Comment


        #4
        No reason to start a new thread though - on an identical topic. A waste of time all round

        Comment


          #5
          My neighbours had an iffy lodger.Can I give you a private reply?

          Comment


            #6
            ​​​​​​As for the two kitchens - I use some facilities of the shared kitchen.

            Originally posted by Celibin View Post
            My neighbours had an iffy lodger.Can I give you a private reply?
            Yes please.

            Comment


              #7
              Originally posted by otorongo View Post
              ​​​​​​As for the two kitchens - I use some facilities of the shared kitchen.
              That's going to be very tricky. Do they have their own entrance door? Can they lock anything at all? What exactly are the shared facilities and why do you need two kitchens? What's the layout exactly?

              Please don't try to convince us - at least here tell it as it is.

              Comment


                #8
                Originally posted by AndrewDod View Post

                That's going to be very tricky. Do they have their own entrance door? Can they lock anything at all? What exactly are the shared facilities and why do you need two kitchens? What's the layout exactly?

                Please don't try to convince us - at least here tell it as it is.
                Totally agree with this........ don't tell it how you want it to be but how it is right now, only then can we give an accurate opinion on this...... it does sound a tad messy though,

                Comment


                  #9
                  For some reason my post got flagged as spam.

                  I don't feel quite safe sharing too much as this forum is visible to anyone including search engines. I see a lot of you are willing to help and I'd be happy to share all the details, but I'm afraid my lodgers are probably researching this too and may come across my post.

                  Is there a way to delete the thread after I no longer need it, or at least remove some information? The 'Edit' button on my original post has disappeared - presumably those only stay for a few hours?

                  Yes the situation is a right mess and I'm desperate.

                  Comment


                    #10
                    So you want to hide something? Thanks for flagging this up.

                    Highly suspect they are not lodgers but occupants with basic protection and you'll need court order to evict
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment


                      #11
                      Is this post related to the unlicenced HMO you have been posting about? Or is it a different property? I ask because based on what you have written you have at least 3 lodgers so this sounds like a HMO.

                      Comment


                        #12
                        +1 Amy .....................
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                        Comment


                          #13
                          Well, hang on, they can't force you to open a door. It seems you've forged this imaginary situation. If the police were called, you'd just say you issued notice to a lodger and the locks have since been changed. You'd remind them it's a civil matter, not a criminal one, and if the lodger wishes to dispute it he can go via court.

                          Illegal eviction is certainly a criminal offence, but not one the police would be the slightest bit interested in pursuing. A local authority might, or someone could try by issuing proceedings via the magistrate's court privately, but I mean, unlikely is an understatement - as you need serious capital to launch private proceedings.

                          So, and this is based solely on what you've said being true, if they are lodgers, and you've issued noticed, and notice has expired, change the locks and if the police turn up, tell him it's a civil matter, job done. A completely different story if they're legal tenants, and you might want to seek legal advice to clarify if they are or are not, either way the police won't get involved, it would play out exactly as above, but if they were tenants the local authority might be interested in pursuing proceedings and you'd be in major trouble.

                          Comment


                            #14
                            If you freel uncomfortable reveaing info, don't paste OP in duplicate. Edit/delete button is inactived after approx 10mins.
                            We dislike hypothticals.

                            Comment


                              #15
                              Thanks hybrice and all others who have been helpful.

                              So if the police suspected the eviction was illegal, they wouldn't arrest me? Or could they still theoretically do that and in that case force me to grant the lodger access to the room?

                              Another thing I've come across is possession order, which apparently can be used on lodgers too and might be a way to avoid the risk of getting sued for illegal eviction.
                              https://england.shelter.org.uk/housi...uded_occupiers

                              If you don’t move out at the end of the notice or agreement, your landlord can evict you peaceably.

                              For example, they could change the locks while you’re out.

                              Your landlord could choose to apply to the court to ask for a possession order. As long as you were given the right notice the court must make an order to evict you.
                              Does anyone have experience with that or have an idea of how long the whole process would take?

                              Would a lack of evidence in the form of a written agreement or rent payments make it harder to obtain a possession order?

                              Comment

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