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

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  • Hudson01
    replied
    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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  • Amazin
    replied
    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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  • Hudson01
    replied
    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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  • DoricPixie
    replied
    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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  • Dreamingofsea
    replied
    They are wrong, even shelter says you don t need a court order to evict a lodger.

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  • Amazin
    replied
    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".

    Leave a comment:


  • Dreamingofsea
    replied
    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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  • DPT57
    replied
    "Lodger" is not itself a legal status. A lodger will be either a licensee or an excluded tenant.

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  • doobrey
    replied
    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.

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  • Amazin
    replied
    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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  • Amazin
    replied
    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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  • Dreamingofsea
    replied
    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.

    Leave a comment:


  • Flashback1966
    replied
    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.

    Leave a comment:


  • Ted.E.Bear
    replied
    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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  • theartfullodger
    replied
    Unless you are in Scotland...

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