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

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    #16
    Originally posted by Amazin View Post

    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".
    The Department of Social Security hasn’t existed in Britain since 2001 so it is hardly surprising councils don’t do anything for DSS tenants in 2022.

    Im not sure why you’re contacting the council’s housing department anyway. If you want legal advice on how to evict her you should engage a solicitor or not the council. That said, assuming the property is in England or Wales, she certainly sounds like an excluded occupier as she shares the kitchen, bathroom and living room with you. Is she in a fixed term contract with you? As I have heard of excluded occupiers successfully suing former residential landlords for evicting during fixed term contracts.

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      #17
      Originally posted by Amazin View Post
      .............. the housing department, just give me the standard response...."you need to get a court order to evict her".
      I agree with the above comment, why keep calling the council, if you consider their position, if you kick this bullying leech out of your property then the council may have a legal duty to house her !!! They don't want to house anyone they do not have too, so from their perspective it is best if she stays exactly where she is !!!

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        #18
        Originally posted by DoricPixie View Post

        The Department of Social Security hasn’t existed in Britain since 2001 so it is hardly surprising councils don’t do anything for DSS tenants in 2022.

        Im not sure why you’re contacting the council’s housing department anyway. If you want legal advice on how to evict her you should engage a solicitor or not the council. That said, assuming the property is in England or Wales, she certainly sounds like an excluded occupier as she shares the kitchen, bathroom and living room with you. Is she in a fixed term contract with you? As I have heard of excluded occupiers successfully suing former residential landlords for evicting during fixed term contracts.
        No, her fix contract expired about a year ago so it's ongoing. I should be able to give her notice again and ask her to leave. if she doesn't at the end of notice period, is it ok for me to call the police?

        why keep calling the council, if you consider their position, if you kick this bullying leech out of your property then the council may have a legal duty to house her !!! They don't want to house anyone they do not have too, so from their perspective it is best if she stays exactly where she is !!!
        technically speak I didn't simply because I couldn't get to them. All calls to the housing department to Havering council will be directed to a switch board where they will ask you what the call is about. It's their first line of defence. I wasn't to get through to that. I was told someone will call me back but I only got one call back after 5 calls so I stopped entirely.

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          #19
          Originally posted by Amazin View Post

          No, her fix contract expired about a year ago so it's ongoing. I should be able to give her notice again and ask her to leave. if she doesn't at the end of notice period, is it ok for me to call the police?
          No, the Police will not evict her (never), unless she is committing a criminal offence, then she will be arrested..... and released that day no doubt, i would forget the Police, as said above to be totally sure exactly what you can do you need to engage a solicitor to advise you. If she is 100% a lodger then just change the locks and put her stuff outside (protected from the weather etc), she has clearly stated her intentions of not leaving, there is zero chance of the Police doing the job of the courts/high court baliffs etc.

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