Evicting a lodger

[kirsteen0603]

Hey, wonder if you can help the advice on the net is really confusing and does not give a definitive answer.

We rented out a room and living room in our house just over four months ago. We have have consistant problems with the lodger not paying rent and coming up with fantastical excuses when she does eventually turn up with the rent. We have been more than fair to her let her move in without the first months rent in advance (stupid i know - will never do that again) and only two weeks rent as deposit.

We gave her a letter on the 28th of October asking her to leave the premises by the 28th of November since we gave her the notice she has not been back to the house, and to be prefectly honest i think shes avoiding the issue and expects me to back down as per usual when she decided to come sauntering back in - no doubt after the 28th November.

I'd really like to know what i can do in that situation can i phone her and tell her i'm packing up her stuff on the 28th and leave it outside and change the locks? or do i have to go through the court? The property is based in Scotland.

Should i warn her that i'm willing to take it to the court in order to get her out or just leave it til the 28th depending what your reply to the above is.

Many Thanks in advance,

Kirsteen

[dazalock]

I agree that some of the information on this is confusing, recently this forum has had the idea of notice to lodgers put in question. However, and I accept that you are sure that this person is classed as a lodger, and therefore I would say you have given adequate notice to the lodger, you can now change the locks and inform the lodger that her possessions can be picked up from you within a reasonable timeframe, no further court action is required.

[Energise]

I dont know anything about Scottish landlord-tenant law but I found this.

From the Scotland Shelter website;

What tenancy status does a lodger have?

If you share facilities such as the kitchen and bathroom with your lodger, they will be a common law tenant. Common law tenants don't have many rights, but you will still need a court order to evict them if you ask them to leave and they don't want to go. Check out the page on sharing with your landlord to find out what your lodger's rights are and what you would need to do if you wanted them to leave.

[MrShed]

:eek:

I suspect that that IS different from English law, as otherwise I'm sure something like that will have been mentioned! However still :eek:

[kirsteen0603]

Hi guys,

Just to let you know I spoke to citizens advice and they gave me a website address regarding getting rid of an unwanted lodger who is staying beyond the notice. It does seem as if the law in england and Scotland are similar.

The web address is:http://www.adviceguide.org.uk/scotland/family_parent/housing_scotland/common_problems_with_tenancies_scotland.htm#lodger s_and_sub-tenants

The answer is under 'facing evicition'

Many thanks for your help.

Kirsteen

[MrWoof]

We may be all but submerged into the E flaming U but its still England with a capital 'E'.:)