How to give notice to 'lodgers'

[louloulou]

Hi,

I bought an existing HMO 12 months ago. The owner said he was registered. It transpired he was not licensed under the new regime. The tenants were only 4 in number, so we decided to keep them on and not get additional tenants. We were informed by the local authority that we did not need to be licensed unless we went above this number. It is not our intention to run an HMO. We wanted to develop the building and turn it back into a house.

The tenants had a form of contract that I believe means they are lodgers. I've forgotten the legal term for this!

They have kitchens in their rooms but share bathrooms in the rest of the house.

Their contracts ran out 6 months ago. I would like to give them notice to leave so we can renovate the building. It doesn't have central heating and so even if we were going to renovate to keep it as an HMO and to have more tenants so we're not losing £1000+ per month we would need to drastically renovate the building and put in heating. So everyone would still have to leave.

I'd like to know what form of notice I should give the tenants. Under their contract they would have had a minimum of 2 weeks notice from me as the landlord. Is this the same if their contract has expired?

Thanks

Lou

[jeffrey]

"Lodger" connotes "living in same property as L". Is that the case here? If not, they are tenants.
What sort of Tenancy Agreement do they hold? Was one granted for whole house, or does each person have his/her own Agreement with L?

[louloulou]

"Lodger" connotes "living in same property as L". Is that the case here? If not, they are tenants.
What sort of Tenancy Agrement do they hold? Was one granted for whole house, or does each person have hos/her own Agreement with L?

Previous landlord was living in the basement of the house. We never moved in officially as it required updating. We use the basement for when we're round there.

What does living there mean?
We pay the council tax for the whole house.
L have a contract for their room on their own. It's marked on the contract as a 'lodger's agreement'. It is not an AST. It states 14 days notice required to quit.

[jeffrey]

Well, it does not sound like you reside there. If that's so, they are tenants with tenancy rights.
Please answer second line of post #2.

[louloulou]

Hi Jeffrey,

sorry, I thought I had answered line 2 question from post 2.

The lodgers have signed a contract that is not an AST. It stipulates it is for their furnished room, use of shared bathroom in communal areas. It gave them 6 months period to reside. After this landlord can give them 2 weeks notice to quit after the 6 months.

Thanks

Lou

[Bel]

Lodger only remains lodger if a LL lives in the building and shares facilities such as kitchen and bathroom.

As this has lapsed, lodger may have become tenant without realising this.

In tenancy law, it is not what the written agreement says, but what the situation is in practice that dictates the type of tenancy.

It seems you are not so clued on on letting and need to do a fair amount of reading before you evict someone illegally and get into trouble.

If I were you, I would serve a 'notice to quit' for 2 weeks as in your agreement, but if they haven't left after 2 weeks, serve them with a s21 notice and be prepared to wait 2-3 months, if still there evict through the court system. Good luck with the reading !

[louloulou]

I would like the tenants to be able to stay for 2 months if they like. Is there a way of giving notice for this period of time?

[Bel]

I would like the tenants to be able to stay for 2 months if they like. Is there a way of giving notice for this period of time?

I suggest you follow the section 21 route immediately in that case, but it will be 2 to 3 months by law. Of course you say they can leave any time before the expiry date if you are happy for that.

[louloulou]

Thank you for the advice. I get paid weekly so I can issue the S21 notice at the next rental collection giving 2 months notice as per a periodic tenancy?

Lou

[Bel]

Thank you for the advice. I get paid weekly so I can issue the S21 notice at the next rental collection giving 2 months notice as per a periodic tenancy?

Lou

Best to post this on main forum

[jeffrey]

Best to post this on main forum
...i.e. as a new thread.