Are they my lodgers or tenants?

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    Are they my lodgers or tenants?

    Hi all.
    I bought a house, lived in it for a few months, then had friends ask me if they could move in as had to leave their property and were struggling to find somewhere with their dog. I agreed and drew up lodging agreement and they moved in.
    Unfortunately our dogs did not get on, and as I (and my dog) could stay with my boyfriend I did. Asking them to try and find somewhere else to live in the interim, (though as they were my friends, and living with the boyf had been v successful I stupidly said no rush).
    I still go to the house regularly, a lot of my stuff is still there, and I like to garden so do often. As time has gone on, I have taken more personal items from house away, and out of courtesy I do let them know if popping over/entering house.

    I haven't slept there for months so wondering how the tenancy is legally classed?

    In terms of tax I charge them a very reasonable £400/month so was well under the rent a room limit.

    Probably because of this they do seemed to of rooted themselves now, and I am wondering about formally giving notice. I want to be legally correct. Their agreement is 1 month, but thinking as I don't really live there now do I have offer more?

    I would like to move back, and some want to break any laws, but similarly don't want to see my friends out on street.

    Thanks in advance if any information

    #2
    Tenants. Moving back in won't change that.

    How many occupants do you have please?
    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


      #3
      Did you serve the "friends" the right paperwork at the start? For next time make sure you know what your doing before doing it. It may have been better just to have them "living on the couch".

      You may have invalided any mortgage or insurance policy you may have as well.

      Comment


        #4
        I'd move back in, wait a few months and persuade them to leave.
        There's a real risk that they've become tenants, but it would take a court to resolve that.

        If they're actually friends, they'll want to stay but agree to move on.
        But there's a reasonable chance that they won't turn out to be as good friends as you originally thought.
        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


          #5
          you really should stay there more and dont notify them you are coming over, you dont need to and it could make it seem like you have moved out and given them a tenancy. they may actually fight you with the council over eviction because of it.
          chances are they arent really trying to find somewhere else because what they have now is really good for them.

          Comment


            #6
            It is fairly critical whether the logging agreement specifically involved just one room and shared parts, or was vague enough that they can now exclude you.

            Comment


              #7
              I don't think its clear cut as to whether they have become AST tenants or remain lodgers, (either licensee or basic tenant). If you intend to try to evict them as lodgers, then I think you should take legal advice that you can rely on in case they force you to go to court.

              Comment

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