Lodger - need advice on eviction

[classicbike]

We have a lodger who is behind on his rent (approx 3 mths), and despite several letters asking him to politely pay up, we haven't heard anything from him. He's still staying at the place (as the other lodgers have mentioned), and his possessions are still in the room.

Do we need to serve any legal notices on the lodger, or can we simply change the locks & store his possessions somewhere safe?

Just to add that no agreements were made at the beginning of his stay, either orally or in writing.

[Snorkerz]

Do you live in the same property as the lodger?

[classicbike]

Do you live in the same property as the lodger?

The LL no longer resides there. Not sure if this makes any difference (in legal terms), but his wife still lives in the property.

[mariner]

"Do you live in the same property as the lodger?" IMPORTANT

Something must have been agreed orally (said) at start of occupation, even if only about rent, Or are you in the habit of giving your house keys to anyone who asks?

[classicbike]

"Do you live in the same property as the lodger?" IMPORTANT

Something must have been agreed orally (said) at start of occupation, even if only about rent, Or are you in the habit of giving your house keys to anyone who asks?

As mentioned above, the LL no longer lives at the property. The only agreement made was the amount of rent, and when it was to be paid.

[mariner]

To be pedantic - did you live in the same property as your primary residence at the same time as your ex-lodger?
Did he and his other half move in together?
What was agreed about wife also being a lodger?
Presumably they shared the same bedroom, so did you charge for 2 lodgers or 1 and who paid the rent?

[classicbike]

I'll try to clarify some of the points raised.

First of all I'm not the LL, just a friend who offered to look into the matter. As I understand, the LL moved out prior to taking in lodgers. Both LL & wife were living together for awhile since marriage, but he (the LL) agreed to move out to free up one of the rooms for a potential lodger.

[theartfullodger]

.... As I understand, the LL moved out prior to taking in lodgers. ...

In that case the occupant they wish to evict is not "lodger" but "tenant" with an AST & all that that entails - eg deposit protection etc...

If so need to evict through either Section 21 or Section 8 notices..

Was a deposit paid??

Unless, perhaps, if wife is co-owner... although was she declared as part-landlord?? Has she lived there for ALL THE TIME occupant was in residency??

Cheers!

[classicbike]

In that case the occupant they wish to evict is not "lodger" but "tenant" with an AST & all that that entails - eg deposit protection etc...

If so need to evict through either Section 21 or Section 8 notices..

Was a deposit paid??

Unless, perhaps, if wife is co-owner... although was she declared as part-landlord?? Has she lived there for ALL THE TIME occupant was in residency??

Cheers!

Thanks for getting back, really appreciate any advice.

Ok, so no deposit was made. The house is in the LL's name only (he purchased it prior to getting married). Not sure if the following is relevant, but the wife did initially live there daily, but she has been working away for about 4-wks at a time (only coming home for short periods). Just like to add that the wife was put in charge of dealing with the lodgers. Although due to her absence, it's been left to muggins

[theartfullodger]

Suggest muggins hand the problem back to Landlord.

What possible interest do you have in the matter?

[classicbike]

Thanks all for the suggestions. Will seek legal advice just to make sure it's done by the book.

Classicbike.