Evicting a lodger with a breach of tenancy. Questions.

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    Evicting a lodger with a breach of tenancy. Questions.

    If I have a lodger in my property (excluded occupier) and I want to evict him due to a breach in the tenancy. What sort of notice or procedure do I follow?

    1. The agreement has defined reasonable notice as 4 weeks.
    2. The tenant is entering rooms that the tenancy excludes for his use (the breach).
    3. The agreement states I have the right to end the tenancy immediately in case of breach, is this correct? How do I do so properly?

    I appreciate I can just give him 4 weeks notice, but what use are the breach clauses if I can't use them to evict? Do I need to get a possession order to evict on a breach clause?

    #2
    Have you given him 'exclusive' use of any room? If not, he is not a tenant because you haven't granted him a tenancy!

    Give him reasonable notice - 4 weeks 'cos you don't like him, 30mins for a punch in the face.

    If he doesn't go, change the locks while he is out and do not let him back in. You can hand his possessions to him at the doorway.

    Comment


      #3
      He has exclusive use of the spare room, his room. Hence why he is a lodger.

      The tenancy has a clause excluding him from the study/lounge areas. He has entered the lounge multiple times despite this, which breaches his tenancy/lodger's agreement. The agreement states that this means I can end his tenancy immediately. Do I need to get a possession order for this though? or some type of court order? Or can I just evict due to the breach?

      Comment


        #4
        You do not need a court order.

        The reason I made the point is that a 'lodger' does not have exclusive use of a room - it is part of your home and you have access to it.
        A 'tenant' does have exclusive use of a room. The two are different and one person can not be both.

        However, because you live in the property, he is 'excluded' either way from the Protection from Eviction Act so if he remains in the property beyond the expiry of 'reasonable notice' then he is trespassing and the police should remove him (though getting their interest may be difficult). Lock changing is relatively easy and cheap.

        I can not comment in a legal sense on your intent to evict him immediately, I think instant eviction may be a little disproportionate as you have zexperienced this in the past and allowed him to stay. Give him a week?

        Comment


          #5
          Just seems a bit pointless to have a breach clause that denotes immediate eviction and then not be legally able to act upon it.

          Other things that would also denote a breach of tenancy are things like threatening or antisocial behaviour. These haven't occurred but I'd like to imagine if they did we could exercise our right to evict immediately as we've expressly put it in the agreement. We just don't want to leave ourselves open to being taken to court.

          Comment


            #6
            Originally posted by LucasY View Post
            Just seems a bit pointless to have a breach clause that denotes immediate eviction and then not be legally able to act upon it.
            No one has said that you can't act upon it.

            It depends on what the lodger will do if you evict him. He could take you to court if you gave him 8 weeks notice, or not at all if you gave him 15 mins notice.

            What you might need to demonstrate is that you have been "reasonable".

            I evicted a lodger last week that had been given notice in July. I still got a call from the local authority stating they didn't get any notice.
            She had nothing to say about the fact that they did get the notice, as it was sent by post(I had proof), and hand, and the tenant had come to speak to me about it 3 days later, and I still had the hand written note(dated) the tenant gave me at the time asking why they had got the notice to quit.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Thank you for the advice Snorkerz & thesaint.

              I'll probably provide the tenant 2 weeks notice on the condition he signs an agreement admitting he knowingly breached the tenancy, reminding him I can by rights evict immediately.

              Then if it does go to court or the local authority at least I have proof I acted reasonably.

              Thank you.

              Comment


                #8
                Assuming you lived in the place when he moved in & have lived there all the time since....

                Why would the lodger WANT to sign that??

                Simply serve him with a calm, polite notice to quit in 5 days (or more or less as you see fit) due to repeated breach of agreement.

                After 5 days change the locks & do not allow him back in the property.

                If he argues & makes a nuisance of himself before the 5 days are up evict immediately.

                In your shoes I'd inform Police of what is going on & is planned, ideally in writing/email, so if he involves them later they will know where you are coming from. Ditto maybe housing people at council.

                Shame you gave him an agreement headed "tenancy": Next time lodger agreement I suggest..

                Cheers!
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Originally posted by LucasY View Post
                  Thank you for the advice Snorkerz & thesaint.

                  I'll probably provide the tenant 2 weeks notice on the condition he signs an agreement admitting he knowingly breached the tenancy, reminding him I can by rights evict immediately.

                  Then if it does go to court or the local authority at least I have proof I acted reasonably.

                  Thank you.
                  Sounds sensible.

                  The issue about unenforceable clauses is perhaps more understandable if you have a knowledge of Shakespears 'Merchant Of Venice'. It isn't enough for a contract clause to be there, if it goes to a court then the court has to be happy it was fair.

                  Comment


                    #10
                    It's just a lodger's agreement, we just defined "reasonable notice" as 4 weeks within the agreement in an attempt to be fair to both sides.

                    I appreciate if I didn't define reasonable notice I could just give a few days notice but I prefer to have it prearranged to prevent hassles later down the line.

                    The 2 weeks is the incentive for him to sign it, otherwise I'll explain that the actual penalty for a breach of tenancy is immediate eviction aka tomorrow, rather than the end of the month.

                    Originally posted by Snorkerz View Post
                    Sounds sensible.

                    The issue about unenforceable clauses is perhaps more understandable if you have a knowledge of Shakespears 'Merchant Of Venice'. It isn't enough for a contract clause to be there, if it goes to a court then the court has to be happy it was fair.
                    I'll give it a read. Why not .

                    Comment

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