this advice was given by my hubby who was a homelessness officer until a couple of years ago.....he knows his stuff, but please check that the following is up to date (i'm sure not much at all will have changed, but you have to be absolutely sure of what you do from now). he has seen every type of tenant, landlord and trick in the book:
*doesn't matter if you have/had/didn't have a tenancy agreement on paper - they have paid you rent and as such, an agreement is in place (although the terms are very unclear to you and your tenant) - in future, get a clear, written, signed and witnessed tenancy with proper legal advice
*if they have been there less than six months, wait and see the comment below (it's complicated and will cost you unnecessary money and court time)
*if they have been there longer than 6 months, it is a flat 2 month notice period to quit the property - under sec 21 of the housing act (1996). write to your tenant and inform them that notice is being given under this section (and employ someone to serve the papers). you can buy properly set out legal documents/notice to quit forms etc. from any legal stationers for a few quid (or may be able to download/buy some)
*if they are not out the day your (2 month) notice expires, you have to apply to the courts for a possession order and that will give another date (usually 1 month after or whatever the court decides) for the tenant to get out
*if they are still there when this date has expired, you have to go back to court and get a bailiffs warrant. this will give your tenant 28 days to quit after which you can employ bailiffs to sling them out onto the street, irrespective of not packing, or having somewhere to go
*under no circumstances should you change the locks, attempt to remove them from your house yourself, contact your tenant unless you are making a request for rent, or to serve them papers - otherwise you can be accused of harassment. you can also be done for an illegal eviction which could be punished with a prison sentence
*you are unlikely to see any costs/court fees/overdue rent/bailiffs/etc. even if the judge awards it (if your ex-friend buggers off you may not be able to find them to take them back to small claims court; or they can just plead complete poverty and you will get something silly like £1 a week - crappy, but people have done worse)
*you should check that everything you do complies with the current housing law, and it would be worth your while contacting a local council's housing advice service or shelter for information and support - and to check that you are serving the correct paperwork and following procedure etc.
*never, EVER rent to 'friends' who have become broke - you want your tenants to be solvent, responsible individuals with a good, no exemplary renting record. you are now discovering the problems that this can bring. i bet your 'friend' is bargaining on the fact that you haven't got the balls to sling them out
*don't tell your 'friend' any of the above information, even if you are trying to make a point. knowledge is power, so they say, and you can get them out in 3 months if you do things properly. don't tell them where to get advice or help....let them flounder and fester by themselves and look after your own interests only
i hope this info helps....don't listen to the 'sling them out' comments or be tempted to do anything silly - they ARE your tenant, irrespective of signed pieces of paper. the above is the law, and if you give a judge even a hint of doing something wrong, they take great pleasure in prosecuting 'big, bad' landlords - especially if your friend will have access to legal aid if they are poor (it's what pays for solicitor's cars!). good luck....i will subscribe to this thread and help further if i can. regards, lisa x