Lodger doesn't want to move out

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    Lodger doesn't want to move out

    I am a live-in landlord and have had lodgers for the past 5 years without any bad events. Mr X moved in during March and I got him to sign a Licence Agreement(lawpack from WHSmiths). The agreed written notice on it states written notice of 4 weeks. Rent is £290 per month due on the 1st day. He paid £150 deposit (stupid now with hindsight)

    In June he didn't pay any rent. On July 14th he paid me £400 to cover the previous month and some of July. He said he would be able to pay £290 on the 15th August. This payment didn't come through meaning he was owing me money from July and August. I asked him verbally on 19th Aug to move out. He refused saying I would have to issue him an eviction notice. He left silly postits on all his stuff saying "don't touch this or I'll see you in court".

    I have not changed locks nor touched his stuff. The Licence agreement has an clause in the T&C's which reads "This Agreement is personal to the Sharer, is not assignable, and will terminate automatically without any notice if the Sharer ceases to reside at the Property or at any time more than two of the payments are due and unpaid. "

    He has now left his job and claims he can stay another 28 days from when I give him a solicitors letter to move out. I gave him a letter today stating the above clause. He started to pack his things then after a phone call to a friend started shouting and screaming saying I don't have legal right to evict him without 28days notice. Tore the letter up in pieces and walked out with the keys. His room has still got his things in.

    I am loathe to do anything that would put me in a worse position so I am not sure where I stand to change the locks. Also I'm not a nasty person, I just don't want someone in my house who refuses/cannot pay the rent. If he stays another 28 days its highly likely he would just be an additional 28days in arrears to me.

    If I did change the locks, is there something I should put on a note on the door to state any facts. I don't want the police bashing the door down for falsely keeping him out. Also he hasn't slept at my house for the last 4 nights - staying at a friends I think.

    If I am not mistaken then lodgers have no real rights as its not the same as a tenancy so can be evicted at any time.



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