Excluded occupier and reasonable notice

[monkeytrousers]

I am a live-in landlord and I am having trouble with my lodger. He moved in at the end of January and, stupidly, I never got him to sign a licence. Since then he has become a real nuisance (I could go into details) and I want him to leave.

I ended up giving him notice to quit by text as we are never awake and home at the same time and he is avoiding me. I gave him 2 and a half weeks notice, finishing the day before his rent day. He replied immediately saying "ok, sorry things didn't work out".

A week later, having not seen him at all, I texted again asking if he had found anywhere to move to and asking what day he would be leaving. He replied by telling me (not asking) that he needed another week. I responded by saying that we needed to have a proper face to face talk as things could not carry on as they were and I requested a meeting the following morning. He responded by saying that he would leave 2 days after the day that I had requested he quits.

Having done some research I understand that the lack of written licence is not a problem, that 'reasonable notice' is not set in stone and will be dependant on behaviour and length of licence, that I do not need a possession order to evict him and I can simply change the locks.

I believe I have been fair and reasonable in the circumstances but I would be grateful for anyone else's thoughts. I would also like to know if anyone has any experience of how the court would be likely to view this matter (interpretation of reasonable notice and my 'service' of notice to quit by text message) or could point me in the right direction of any relevant case law.

Thanks people.

[theartfullodger]

Have you always lived in that same building both before he moved in & for all the time he's been there??

If so lodger as you say.

I would have given NTQ in writing, kept copy.

[westminster]

Two and a half weeks isn't really that long to find new accommodation. A month would have been reasonable.

Notice given to a lodger (a.k.a. excluded occupier) doesn't have to be in writing, so a text is fine, but as theartfullodger says, it's usually best to put things like this in writing and keep a copy.

Here is a useful source of info on letting to lodgers - http://www.lodgerlandlord.co.uk/