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GordonB
15-03-2010, 12:47 PM
I am a live in landlord and have a problem tenant who myself and my wife are not getting on with, we have had noise issues and he is very confrontational. We are also wanting to sell our property so for these reasons would like him out as soon as possible. I have given notice to the tenant to leave on 24th April in writting and sent a copy to the housing dept. of our local council who housed him with us originally. He is claiming housing benefit which is paid to me directly. I am getting conflicting information about how I should go about this, I read somewere that as a live in landlord I do not need to give a section21 notice? so have given written notice instead. The council say they are trying to re-home him but I believe they may be waiting for him to be evicted.
Do I have to wait until after 24th April and get a court order to evict him? As a live in landlord can I evict him myself?.

westminster
15-03-2010, 14:00 PM
If you are in England/Wales, and the 'tenant' lives with you in your principal home, he is a lodger, a.k.a. excluded occupier. He is not an assured shorthold tenant.

To evict him, you must give him 'reasonable' notice. It doesn't have to be in writing, and s.21 notices apply only to assured shorthold tenancies, not to lodgers.

Over a month's notice is more than reasonable.

If he doesn't or won't leave by then, then you are entitled to change the locks while he is out to prevent him gaining access. You do not need a court order. (NB You are obviously not entitled to use any physical force to evict). It is advisable to have a witness present in case of any unpleasant confrontation (or later false allegations) when the lodger returns and tries to get it, not realizing the locks have changed. Call the police if the situation turns nasty.

Keep any remaining belongings in a safe place. If the lodger wishes to collect them, do not allow him access for this, take them outside, lock the door behind you, and hand them over.

westminster
15-03-2010, 14:02 PM
See also
http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/the_rules_by_tenancy_type/eviction_of_excluded_occupiers