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Evicting a lodger lawfully
How can I evict a lodger lawfully. The lodger in question is my ex partner, after we split (on good terms) he had no where to stay and I needed a lodger.
Since this arrangement he has spent most of his time paraletic through drink and in short is a self confessed alchoholic.
He is up to his eyes in debt having signed up to as many credit cards as possible and spent the maximum amount on each (I have creditors phoning me on a daily basis). He NEVER,EVER washes and the smell from his room is disgusting, this stale dirty smell also follows him around the house.
He refuses to leave and says that by law I can't force him out.
My son has just come home from uni and has gone to stay with a friend as he says the smell in the house is stomach churning.
This is a shortened version of the problem as I'm trying to keep things brief.
Please help me with any answers as I'm going out of my head.
Thank you.
Since this arrangement he has spent most of his time paraletic through drink and in short is a self confessed alchoholic.
He is up to his eyes in debt having signed up to as many credit cards as possible and spent the maximum amount on each (I have creditors phoning me on a daily basis). He NEVER,EVER washes and the smell from his room is disgusting, this stale dirty smell also follows him around the house.
He refuses to leave and says that by law I can't force him out.
My son has just come home from uni and has gone to stay with a friend as he says the smell in the house is stomach churning.
This is a shortened version of the problem as I'm trying to keep things brief.
Please help me with any answers as I'm going out of my head.
Thank you.
Answers
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Hi Pussyfoot,
For a live in lodger all you have to do is give reasonable notice, as there is no tenancy agreement - he is living there 'on license' and all you have to do is revoke the license. You can do this at any time and it doesn't even have to be in writing. One week is usually considered reasonable in these situations.
However as it is an ex partner the situation may be complicated if there is any way he can claim an interest in the property, so we may need more info on whether you already owned the house when you met him, when he moved in, what he paid for and contributed towards the house etc etc.
For a live in lodger all you have to do is give reasonable notice, as there is no tenancy agreement - he is living there 'on license' and all you have to do is revoke the license. You can do this at any time and it doesn't even have to be in writing. One week is usually considered reasonable in these situations.
However as it is an ex partner the situation may be complicated if there is any way he can claim an interest in the property, so we may need more info on whether you already owned the house when you met him, when he moved in, what he paid for and contributed towards the house etc etc.
You must give him reasonable notice - tell him to be out by next weekend and arrange a locksmith to come change the locks for next Saturday. If he doesn't take his stuff, store it in the garage, charge him for it and give him notice you will destroy it if he does not arrange collection within 7 days. Good luck!
Under housing law, a tenant who shares accommodation with the landlord is known as an EXCLUDED OCCUPIER.
As previously mentioned on here, the only notice you have to give is "reasonable" notice. So if you think 7 days is reasonable for him, give him 7 days! This can be verbal or written.
If theres no tenancy agreement, you let him stay out of "good will" etc, it should be this simple. If there are any other complications, have a look at this website
http://england.shelter.org.uk/
As previously mentioned on here, the only notice you have to give is "reasonable" notice. So if you think 7 days is reasonable for him, give him 7 days! This can be verbal or written.
If theres no tenancy agreement, you let him stay out of "good will" etc, it should be this simple. If there are any other complications, have a look at this website
http://england.shelter.org.uk/
Hi Pussyfoot - As it's your house & in "your name" just "take reasonable steps to ensure he cannot regain access after leaving the property, for whatever reason (ie; change locks).
Re; Reasonable notice - I would argue that his unreasonable behaviour by being ratfaced all the time - amounts to due cause to circumvent any arguement from his side. However you say it's been an amicable arrangement so theres a chance things may deteriorate - take care!
Re; Reasonable notice - I would argue that his unreasonable behaviour by being ratfaced all the time - amounts to due cause to circumvent any arguement from his side. However you say it's been an amicable arrangement so theres a chance things may deteriorate - take care!
And then report him to the police if you have evicted him and he either tries to or actually gets back in as he would have no legal rights to enter the property if you haven't allowed him in and he no longer lives there, i'm sure they'd at least warn him for something like breaking and entering (if he gets in) or disturbing the peace or herassment.
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