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Aug, 2014

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  1. #1

    Default I want to evict my lodger - seeking advice

    Hi,

    My lodger and I have come to blows over the last few months, and now the frosty atmosphere, and the minor problems she's caused when finding a new lodger for my other room, not cleaning enough and her general attitude make me feel it's probably time for a new one.
    I've lived there for 5 years, she has lived there 2.5 years, and I have another new lodger (which she tried to cause problems with moving in). I spent 10 months last year travelling (does this alter lodger/tenant status at all?) and this year will take on some contract work away from home so will be away a great deal of the time, but will still pop back from time to time to see my friends.
    She isn't paying enough rent and I plan to try and increase it, I had hoped to speak to her about it in person but with the atmosphere I think this will be difficult, I also suspect she can't afford it, but in any case, I think I want someone new in and maybe a refusal to pay increased rent will be a excuse to ask her to leave.

    She signed an agreement when she moved in, but I haven't got a copy and didn't renew it regularly, it basically said either party would give a months notice.

    Today she sent what I felt was a haughty text message abuot a gate card followed by "also just wondering if u could let me know what's going on with regards 2 if uve moved out now or if ull b coming bck,if ur going 2 b coming & going I would appreciate a bit of notice just so I know what's going on." which my initial reaction was, why on earth should I have to say what my comings and goings are! I told her I was not 'moving out' and that I would be back from time to time when I felt like it. This really this is the final straw and the stress is something I could do without.

    Is it as easy as just serving notice since I have been away, and will soon be away again? Would appreciate any advice.

    Thanks

  2. #2
    Join Date
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    Default

    Others will comment, but personally I feel that this is no longer your primary residence, and therefore this problem person is no longer a lodger, but a tenant with an assured shorthold tenancy. If this is the case then any deposit she may have paid needs to be protected before you can issue a valid section 21 notice, which is the first stage of the legal eviction process.

    Just to forestall any counter-action by the tenant, do you have permission to let from your lender? If there is gas in the property, do you have a valid gas safety certificate? Are HMRC aware of your business? If it is leasehold, do you have the freeholders permission to let?

  3. #3
    Join Date
    Dec 2011
    Location
    Warwickshire
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    67

    Default

    Simply give the lodger 2 months notice .
    You have had physical violence ? good grief i would have served them as soon as that happened .

    All the best :s

  4. #4
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    Quote Originally Posted by Lingy View Post
    Simply give the lodger 2 months notice .
    You have had physical violence ? good grief i would have served them as soon as that happened
    If it is a lodger, you do not need to give so much notice, if it is a tenant then there is much more to it than that. Lingy, could you expand on your suggestion?

  5. #5
    Join Date
    Dec 2011
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    Warwickshire
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    What for ? The person is a lodger .she has another lodger .She travels around .This is her only perminent residence?.She has been assaulted or she assaulted the lodger .Ask her to leave ...
    Snorkers im not as in the know as you obviously but i have a right to reply with an opinion .do not call me out again .

  6. #6
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    Lingy, I am not sure what you mean by 'call you out'?

    If we accept that this person is a lodger then with the experience of physical violence they can be evicted immediately - the law requires 'reasonable notice' and I would be confident that 'zero' is reasonable in that situation. For this reason I asked for clarification of your 2 months suggestion - there may be some elements I have missed.

    However, I find it difficult to accept that the property is the main residence if is is only occupied by the landlord for 17% of the time. If that is the case, then the 'lodger' obtains tenancy rights, and the simple action of the landlord moving back in can not revert their status back to lodger.

    I am sorry to have offended you - that's the last thing I wanted to do, I am sure you agree that it is important that starbuck251 gets accurate advice, and if any advice given is unclear then it is only through frank discussion that we can give a clear answer to the question - a great thing about a public forum.

  7. #7

    Default

    Sorry, when I said come to blows, I didn't mean physically, its just that we've fallen out.
    I lived there permanetly, then when me and my fiancee broke up I went travellig for 10 months round asia and now I have returned. I will begin work as a contractor and my main residence will remain my flat, but I have to go and live in a hotel in the week, but I'm not starting for another month.

    Surely if I ask her to sign a new contract with an increase in rent and she refuses to, then I will also have grounds to ask her to leave?

  8. #8
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    The rent issue would just confuse matters.

    Lets get the opinion of one or two others over whether your 'travelling' made your lodger a tenant or not (a tin Malaga would have been fine!) and then your best route will be clearer. It may be this evening before the more legally experienced members get a chance to comment.

  9. #9
    Join Date
    Nov 2010
    Posts
    5,262

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    If OP was travelling in the sense of moving around, presumably his property in the UK was still used for all correspondence, the council tax was still in his name, etc., etc.
    IMHO, taken all together this would suggest that the property was still his principal residence, should his lodger contest it. [I'm not claiming to be legally experienced at all, though]

    So OP should just give his lodger 1 month notice in writing as per agreement and plan to change the locks on expiry (even if lodger leaves and returns key one can never be sure whether copies were made...)

  10. #10

    Default

    Well I'd hope they are only lodgers still, I mean, all my stuff is there, all my clothes, and possessions, and most of them will be still be there, and I'm pretty sure that when I'm a contractor the HMRC still considers my permanent residence as my home address. I believe I must go home at least once in every 3 months? Which is where the being away for 10 months puts a spanner in. I'm not sure how well she knows about this sort of thing as she lived with her parents until she lives with me. It sounds like either way I can evict her, it's just knowing the correct way to go about it. I really took issue with her request to give her notice of my comings and goings however, as it makes you wonder why she would need that?! I certianly don't need to know the whereabouts of anyone else.
    Looking forward to responses later on.

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