Evicting a Lodger without any Agreement made.

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    Evicting a Lodger without any Agreement made.

    Hello all,

    I rent my house out by the room but I would like to evict one of the lodgers. I have not signed any agreement with him. I am willing to give him 1 months notice. Do I have to fill out a specific form for this and If he does not leave can i just change the locks after a month?

    #2
    Do you live in the same property as the "lodger"? Does the "lodger" have exclusive access to any room?

    pm
    Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

    Comment


      #3
      I do not live in the property but he lives with 3 others who rent out a room through me. The other 3 want him to leave or else they will leave due to him being an nuisance.

      Comment


        #4
        Who is the house rented out to?

        Is each room rented out as a room individually, with exclusive occupancy to each tenant?

        Who's name is on the tenancy agreement?

        When did that tenancy start? Exact date?

        Was any deposit paid to you? Who by?

        IF a deposit was paid to you by anyone was that deposit protected within 30 days of receiving it, and, have the rules regarding giving that tenant the prescribed information been served to that tenant?

        pm
        Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

        Comment


          #5
          The house is rented with an AST to one of the lodgers ( lets say lodger A ) who has the official AST but is now on a Periodic. but the other lodgers are in the property have no AST and paid no deposit, this was due to the Lodger A wanting to stay in the property, so I found potential sharers for him. The official tenancy deposit for lodger A is protected in the DPS. within the 30 days timeframe.

          Comment


            #6
            On what you have said so far, I do not believe that any one of the occupants are lodgers. I believe that they are all tenants. You do not live at the property, so you are not a live in landlord. If they are anyones lodgers they might be your A tenant's lodgers, but I don't think so from what you have said here.

            The one tenant that you have or had an AST with, now a SPT is your tenant A. The potential sharers that you found are also your tenants it appears to me.

            Who do they pay their rent to? How?

            Who did they agree their occupancy with? Does tenant A deal with them, take their money? Or do you?

            pm
            Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

            Comment


              #7
              Agree with mongrel, sounds like you've got tenants not lodgers. Big difference in what you can and can't do.
              "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

              What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

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                #8
                The tenants all pay me direct. But if the AST or now the periodic tenancy belongs to the Lodger A. Has he the right to give notice to the Lodger that we want to evict?

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                  #9
                  You do not have any "lodgers" from what you have said.

                  On what you have said, you appear to have 4 tenants. Tenant A has a SPT with you. He is tenant number 1.

                  The others, let's call them B, C and D are also your tenants. They all have tenants rights. You can not legally just evict any of them.

                  When did tenants B, C and D move in? Exact dates?

                  Tenant A can not evict anyone as they are not his lodgers, they are ALL your tenants.

                  pm
                  Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

                  Comment


                    #10
                    They all moved in between February this year to April. Lodger A moved in February 24th, 2 moved in March 20th with the problem lodger/tenant moving in April 6th ( the last of the 4 ). If the do not have a tenancy agreement then surly the do not have the right to stay as tenants. I have no problem with him staying but the others have problems with him. The other 3 have complained and threatened to leave? Do I have to give him a section 21?

                    Comment


                      #11
                      A tenancy does not need to be in writting to be a tenancy and no written agreement does not mean they become 'lodgers' by default.
                      "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

                      What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

                      Comment


                        #12
                        Originally posted by abs View Post
                        The tenants all pay me direct. But if the AST or now the periodic tenancy belongs to the Lodger A. Has he the right to give notice to the Lodger that we want to evict?
                        Agree with mongrel: They are tenants. Particularly because you have been accepting rent from them - confirming or establishing ASTs with each of them..
                        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


                          #13
                          Do you have any evidence to support the 6th April date for the tenant you want to evict? When is his rent due date, and when does he actually pay his rent? You are most likely looking at serving a section 21 notice which gives 2 months notice.

                          Comment


                            #14
                            Originally posted by abs View Post
                            They all moved in between February this year to April. Lodger A moved in February 24th, 2 moved in March 20th with the problem lodger/tenant moving in April 6th ( the last of the 4 ). If the do not have a tenancy agreement then surly the do not have the right to stay as tenants. I have no problem with him staying but the others have problems with him. The other 3 have complained and threatened to leave? Do I have to give him a section 21?
                            You can call them what you like tenants or lodgers, it does not matter. On the circumstances you have given they are in law tenants, each with ongoing tenancies, each with the rights and expectations of tenants from you their landlord. Even if you had given them all Lodger agreements to sign and they had signed they would still have tenants rights because the circumstances dictate that they are tenants. A signed piece of paper would not change that.

                            Tenant A can't get rid of anyone.

                            You, the LL can get rid of any tenant, but you have to give them notice. They may threaten to leave but they have to give you notice.

                            You appear to have an HMO, House in Multiple Occupation?

                            Do you collect the rent monthly or weekly?

                            To be clear, you have not taken a deposit from any of the other tenants?

                            Tenant A has not taken any deposit have they?

                            Have you complied with all the other requirements of a LL?

                            Is there a gas supply to the premises, if there is have you had a Gas safety check on the premises within the last 12 months?

                            If you have had a GSCert issued have the tenants been given a copy?

                            pm
                            Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

                            Comment

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