Is notice to quit necessary?

[seneca]

Urgent guidance on the following will be very welcome:

My daughter is renting accommodation in Stoke (while at University) and has allowed one of her friends to move into her own property (in Southend).

My daughter is the owner of the Southend property and has now decided to sell the Southend property and use the proceeds to buy a property in Stoke.

Unfortunately, her "lodger" at the Southend property is refusing to move out and is even refusing to allow prospective purchasers to view the property!

The "lodging" arrangement was on a "totally informal" basis and nothing has been agreed in writing but the lodger is now claiming that she has a "Tenancy" and is also claiming that it will take a County Court Order to get her out even thought she is not paying any rent.

What rights, if any, does the "lodger" have and what notice, if any, must my daughter give or can she just re-possess her property (by forced entry if necessary) and then throw this ungrateful little wretch and her possessions onto the street?

Sorry about the anger being expressed here but some people just do not understand the meaning of "fair play".

Regards,

Seneca

[Jennifer_M]

Seneca, the person in your daughter's property isn't a lodger: she would be a lodger if your daughter lived in the property with her.

So she could be a tenant. I say could because there has been an issue similar to yours raised on the forum a few weeks back (I can't find the thread anymore) and one of the experts - Paul F - said something along the lines of if the girl hasn't paid any rent then it is a possibility that no tenancy has been created.

Don't take my word as a final point, I am not an expert and you will need someone like Paul to answer your question to be sure.

In any way it sounds like it won't be as easy as with a lodger, unfortunately.

[P.Pilcher]

If no rent has been offered or accepted, with a bit of luck she will be considered a squatter, but if you are not very careful a court may consider that you have granted an Assured Shorthold Tenancy agreement with a security of tenure of six months. You will need to consult a solicitor versed in property matters, and if you use the same one to handle your sale, you might save slightly on costs. If the court can be convinced that your "tenant" is a squatter then the eviction process can be quite swift. I expect that one of our board experts will be able to post some more definitive information, but whatever happens I think that this is going to cost you a bit.

P.P.

[zoe]

I suspect if rent has been paid she is a tenant. She is most definitely not a lodger.

When did she move in ?

You will probably have to serve notice, if the courty decides that she does have an AST there should still be no problems with getting possesion but it will take time and cost a bit of money.

Zoe

[seneca]

I am most grateful for all of your comments - clearly, this is not what my daughter wanted to hear but at least she now knows where she stands and the action that she now needs to take.

Many thanks again

Regards,

Seneca

[Paul_f]

P.Pilcher suggest the occupant might be a squatter! As the owner let the person into the property that can't be the case!

Jennifer and Zoe are both right in a sense that if rent hasn't been paid then tenancy rights haven't been established but suggest this isn't the case here.

I would definitely say the occupant has indeed established tenancy rights and is quite right concerning repossession. There would appear to be no opportunity of eviction before six months have passed under the normal procedures, and then you might have to issue court proceedings to evict which could easily add on another 2/3 months. No written agreement means that the landlord has been rather careless here!

Seneca - try and learn something here as there is no such thing as "fair play". Only the law counts!! You have given away your rights to the property for the foreseeable future!