Tenant eviction live-in landlord

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Tenant eviction live-in landlord

    I am a live in landlord and have a problem tenant who myself and my wife are not getting on with, we have had noise issues and he is very confrontational. We are also wanting to sell our property so for these reasons would like him out as soon as possible. I have given notice to the tenant to leave on 24th April in writting and sent a copy to the housing dept. of our local council who housed him with us originally. He is claiming housing benefit which is paid to me directly. I am getting conflicting information about how I should go about this, I read somewere that as a live in landlord I do not need to give a section21 notice? so have given written notice instead. The council say they are trying to re-home him but I believe they may be waiting for him to be evicted.
    Do I have to wait until after 24th April and get a court order to evict him? As a live in landlord can I evict him myself?.

  • #2
    If you are in England/Wales, and the 'tenant' lives with you in your principal home, he is a lodger, a.k.a. excluded occupier. He is not an assured shorthold tenant.

    To evict him, you must give him 'reasonable' notice. It doesn't have to be in writing, and s.21 notices apply only to assured shorthold tenancies, not to lodgers.

    Over a month's notice is more than reasonable.

    If he doesn't or won't leave by then, then you are entitled to change the locks while he is out to prevent him gaining access. You do not need a court order. (NB You are obviously not entitled to use any physical force to evict). It is advisable to have a witness present in case of any unpleasant confrontation (or later false allegations) when the lodger returns and tries to get it, not realizing the locks have changed. Call the police if the situation turns nasty.

    Keep any remaining belongings in a safe place. If the lodger wishes to collect them, do not allow him access for this, take them outside, lock the door behind you, and hand them over.

    Comment


    • #3
      See also
      http://england.shelter.org.uk/get_ad...uded_occupiers

      Comment

      Latest Activity

      Collapse

      • Help re flatsharing legal position!
        CatherineCarr
        Hello, I moved into a friend's flat when she moved out of London last year. It was agreed that I would pay market rate, would not need to pay a deposit, be able to bring various items into the flat, work from home, have a certain amount of storage etc.etc. I was also to share with my friend's then...
        24-07-2017, 13:18 PM
      • Reply to Help re flatsharing legal position!
        jpkeates
        I'd find somewhere else and move out.
        Let your friend deal with the problem.

        If your flatmate threatens you or to destroy your goods, report them to the police (call into the station and put it on record - you might get lucky).
        If they actually do any damage, call the police...
        24-07-2017, 14:42 PM
      • Non- protected deposit, and disputes
        Stybdmy
        Q1 – Where is the rented property located? England

        Q2 – What type of Tenancy Agreement (TA) is this? Multiple tenants (a couple) - one tenancy agreement

        Q3 – What date did current TA start 01/11/2016

        Q4 – How long was initial fixed term 6 months
        ...
        24-07-2017, 12:25 PM
      • Reply to Non- protected deposit, and disputes
        jpkeates
        If you served a s21 notice, it isn't valid because the deposit wasn't protected.
        You need to "return" the deposit in full to the tenant (or agree to use it in lieu of rent, or agree the damage) before you can serve notice under s21.

        Your tentants can sue you for a penalty...
        24-07-2017, 14:37 PM
      • Reply to Help re flatsharing legal position!
        CatherineCarr
        Many thanks. It is only a verbal agreement (like so many flatsharing agreements are) with two months notice either way and that I would be given certain storage (some of which the Hungarian has nabbed), that I would be able to work from home, get a cleaner and bring items into the flat ie television...
        24-07-2017, 13:56 PM
      • Reply to Help re flatsharing legal position!
        MrShed
        The only thing that matters is your contract. What contract do YOU have (not what Emma has signed with someone else)?
        24-07-2017, 13:43 PM
      • Reply to Non- protected deposit, and disputes
        MrShed
        Unfortunately (I know its not going to be what you want to hear), I suggest you will have to chalk this one up to experience. Without an inventory you are up the proverbial without a paddle I'm afraid. In the grand scheme of things the damage you have described is very slight (bar perhaps the carpet)...
        24-07-2017, 13:04 PM
      • Landlord: When will I get a bailiff date?
        mlsmith
        I'm so sorry if this has been asked before, but for some reason I am unable to search the forum as it's not bringing up any results.

        I know the eviction date will vary depending how busy the local courts are. My local court has indicated 6-8 weeks.

        My solicitor submitted a...
        24-07-2017, 12:04 PM
      • Tenant's energy debt.
        Gordonmrln
        I am a landlord of a 2 bed end terrace, the property is owned out right. I am registered Disabled and this was the main reason I decided to rent my property out. As it was not a suitable property for my Disability. I would have to make some major changes that would devalue my property like installing...
        20-07-2017, 22:08 PM
      • Reply to Tenant's energy debt.
        jpkeates
        The deemed contract is with the owner or occupier and commences when gas is supplied.

        There's no obvious hierarchy of owner/occupier and, while there are references elsewhere to the owner being liable for things when the property is unoccupied, that isn't reflected in the deemed contract...
        24-07-2017, 11:47 AM
      Working...
      X