evicting a DSS lodger, do I need a court order to do so?

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    evicting a DSS lodger, do I need a court order to do so?

    she's been living with me for the past 2 years (we share the living space etc) but she keeps bring strangers back and stay here overnight on a regular basis. Having her living here is like having a couple. Before she moved in, she signed agreement that she need to ask my permission for having guests over. So I give her noticed to leave but she won't.

    She told me I can't do that unless I get a court order and use a bailiff service to get her out. Is this true. I have agreed to let her stay here for longer until I have things figured out but i didn't get the rent money paid last money. She told me she spent it to pay back some of her personal debts but will pay normally again next month. She obvious didn't stop the housing benefit when I give her the notice.

    It's really frustrating because she seems so confident about it.

    #2
    If she's a lodger, you don't need a court order.

    If she has exclusive access to somewhere, like a room that you are not allowed to enter, she isn't actually a lodger.

    If she is a lodger, and your notice has expired, you can lock her out (change the locks) or use reasonable force to remove her from the premesis.
    Take care that any "force" is reasonable.
    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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      #3
      First of all you need to expalin more on how the living space(s) work, because if she is a lodger (as said above), you problems will be over quickly, if not.... then they have only just begun. Does she have exclusive use of a room or rooms ?

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        #4
        Once you're official notice period expires you can exclude her from the property.

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          #5
          Unless you are in Scotland...
          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...

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            #6
            An excluded tenant doesn't need a court order to evict either, but there is a slightly more formal approach to the correct notice.
            https://england.shelter.org.uk/profe...uded_occupiers
            It could potentially be complicated if there is some subletting going on, or if there is a fixed term agreement, or some other contractual weirdness.

            I wouldn't advise using any force to evict, reasonable or not. If you need to use any force at all, I would pay for a professional to do it.

            Originally posted by Amazin View Post
            I have agreed to let her stay here for longer
            Then you may need to give notice again

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              #7
              I suggest you send her that notice by post. Basically posting it to your own address. You can post it from the post office and ask them for proof of posting (which is free) on top your postage cost.

              I suggest you include the section from Shelter web site. Remind her your don't need Court for eviction.

              Offer to provide references if needed.

              If her rent is low, then you could push it up to market levels.

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                #8
                She s a lodger and you don t need a court order. I was in a similar position, there was a lock on the bedroom and the solicitor said give her reasonable notice. This was from one of the top housing law firms in uk. Locks on doors are red herrings in this situation.

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                  #9
                  Originally posted by Hudson01 View Post
                  First of all you need to expalin more on how the living space(s) work, because if she is a lodger (as said above), you problems will be over quickly, if not.... then they have only just begun. Does she have exclusive use of a room or rooms ?
                  Yeah she shares the same kitchen, bathroom and living room with me but she does have a lock on her bedroom door. The only room that's exclusive to her in the house is her bedroom and that's it. So that should make her a lodger

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                    #10
                    Originally posted by Dreamingofsea View Post
                    She s a lodger and you don t need a court order. I was in a similar position, there was a lock on the bedroom and the solicitor said give her reasonable notice. This was from one of the top housing law firms in uk. Locks on doors are red herrings in this situation.
                    Hopefully you managed to evict her without too much headache. Yes she does have lock on her bedroom but that doesn't mean she's not a lodger as far as I know. It's really annoying because we were messaging each other recently and she's confident that I need a court order to get her out the house. She told me she already spoke to 2 different agencies about it.

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                      #11
                      Give her notice, and be firm while trying to avoid unnecessary escalation. She is an excluded occupier. She does not have an AST. You do not need a court order or bailiffs.

                      Originally posted by Amazin View Post
                      She told me she already spoke to 2 different agencies about it.
                      Possibly she didn't explain the situation (i.e. she may have simply said she was a tenant), or it could be that those agencies provided bad information. If they are letting agents they deal with tenants on ASTs, not excluded occupiers.
                      There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

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                        #12
                        "Lodger" is not itself a legal status. A lodger will be either a licensee or an excluded tenant.

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                          #13
                          My lodger just went after the expiry of the notice to quit had expired. If she hadn’t I would have locked her and removed her belongings to a safe place outside the house. It is highly unlikely the local council would pursue you for illegal eviction - they hardly ever do in a situation of a lodger or even if it is s borderline case. They can t afford it to start. In fact I inquired and the solicitor did not know of one successful case. This woman is bullying you.. I suggest you contact an expert solicitor and do not be intimidated by her.

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                            #14
                            Dreamingofsea,

                            that's good to know, yeah I would be very surprised if they do anything for their DSS tenants. Their workers simply not getting paid well enough to do that. Each time I try to contact the housing department, they just give me the standard response...."you need to get a court order to evict her".

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                              #15
                              They are wrong, even shelter says you don t need a court order to evict a lodger.

                              Comment

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