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You can read Protection from Eviction Act 1977 via this link
Hi Tessa
What would your view be on using the courts? I searched the HM-Courts website and found claim form N130 which appears to offer a quick route to criminalising a lodger who stays-on without permission. The police could then be called and would be required to remove the lodger?
Hi Paul. Form N130 is the application form for an interim possession order. This is really intended for squatters occupying land rather then lodgers outstaying their welcome. It also involves two court hearings and you have to give an undertaking at the first hearing, that you will let the defendants back in if you do not succeed on the second hearing. Most people will not want to do that.
I am shortly to launch a new service (http://www.evictingsquatters.co.uk) which will be selling a kit you can use to evict squatters (although not using the N130 process).
However in the vast majority of lodger situations, Court action is not necessary. As discussed above, the Police should help you anyway if you think the lodger is going to cause trouble, you do not need a court order.
Hi Tessa,
What would I do about someone that just causes me upset, It’s a serious personality clash and she is now pushing to become a tenant and I am worried about my own right to stay if that happens.
I have a secure tenancy from my landlady and my new flatmate has a lodger agreement with me, there is a lock on the door but she does use the kitchen to cook and occasionally uses the living room to watch TV.
What should I do?
Ben
Hi Ben. I don’t think your lodger can become a joint tenant on your tenancy without your consent! Any agreement she signed with your landlord (where you were not involved) would be void as you have an existing tenancy.
If she is your lodger and you don’t want her to stay, ask her to leave and serve a notice to quit. If you want more details guidance, use our advice service.
If you are giving notice to quit on a lodger, does this have to happen at the end of a rental period (as with a tenant) or can it be at any time?
It is not so much the date that you serve the notice that is important (ie the day you hand it to them or leave it on their bed or table in their room) but the amount of notice you give them to leave. This should ideally be at least 28 days/four weeks and the notice period should (in some cases, depending on what the lodger agreement says) end at the end of a rental period.
So, for example, if they always pay rent on a Thursday, they should be asked to leave on the next Wednesday after 28 days after you serve the notice.
But things are a lot more flexible with lodgers. So long as you give them at least four weeks to get out (less is sometimes acceptable if they have behaved badly), you should be all right.
Does the letter have to be handed to them personally or can it just be pushed under a door for them? I am thinking about lodgers that make a point of not being around much.
You can leave it where you know they will find it. For example put it on their bed, or stick it over the door handle so they will have to remove it to get into their room.
Hello there,
my lodger, Kathy, moved in recently with contract for 6 months. Unfortunately here is a personality clash and also breach of contract (coming home in the middle of the night with a “friend” and not asking if we are OK if he will stay over night and use the room to sleep in it). She comes back home drunk and behaves loudly, too. I won’t her to leave asap as I don’t feel comfortable at my own house any more (I was to scared to not sleep last night not knowing who is her “friend” sleeping in my house). What is the best and quickest way to remove her from our home? I understand I need to pay her the deposit back. Thank you, Anna
Follow the advice given in these tips. Carry out the procedure as set out on day 19 and then take it from there.
What happens if there is no lodger agreement?
For example, if there is no formal written agreement between LL and lodger. If the lodger has become violent:
(1) Can the LL ask the lodger to leave without any notice being given at all; and
(2) Call the Police to remove the lodger?
Thanks.
Hi Jim. Not having a lodger agreement is not a major problem. It is just easier if you have one.
Certainly if the lodger becomes violent you can ask him to leave with a short notice period. I think only if his behaviour is exceptionally bad can you ask him to go with no notice at all. However it is your home and no-one can expect you to put up with a violent lodger.
Follow the procedure set out here, ie change the locks while he is out and refuse to let him in again. Make sure the police are present – which they should be if you tell them you expect there to be a breach of the peace.
i have lodger which my ex partner let stay in my house without my permission,now i want them out as they are leaving the house in a right mess,they have ruined and the fridge and microwave are thick in dirt and mould beyond cleaning am i well with in my right just to remove them.
Hi Alison. There is guidance on these 21 days of tips, and in some of the other blog posts here, to help you. If you need further help, there is also a fixed fee advice service, which you will find linked from the navigation bar at the top of the site.
I have two friends of a friend living with me at the moment who lost their house. They are mother and son, but since they are both legally adults, they are not entitled to social housing other than the promise of eventual separate hostels. They moved in two years ago but it was supposed to be temporary until they found somewhere else. My husband and I let them stay rent free for six months and then we asked them to pay rent. They have paid rent intermittently for the last 18 months but our circumstances have changed as I now have a young child who needs a room of his own. They have known that staying with us was only temporary from the start and I did tell them that my child will need a room soon. Three months ago we wrote them a letter telling them to vacate this weekend, we also sent a copy to our local housing office. Well it’s Sunday now and they are not moving out, they say they have no place to go. I tried to help them, showing them local listings for rooms to rent but they just never rang and enquired. They seem to think they can live here forever. They both do not work and are in more than we are. They hardly leave the house but we work. Where do we go from here? Would the police just come and remove them? Do we have to wait patiently until they eventually go out somewhere together then change the locks?
You could try speaking to the police about it. They may be prepared to help.
If the police won’t come and remove them for you, you could be a bit devious and arrange an outing. Perhaps suggest they come to the pub with one of you and discuss things. Or say you have got hold of some free theatre tickets which they can have. There must be some way you can get them out of the house at the same time.
Make sure you have served a formal notice to quit first and the notice period has expired.
Hi Tessa,
I have a house that I own and have took on two lodgers who are friends of mine. One of them has a secure job and pays rent regularly and also helps with the bills. The other has lost his job for the second time in a few months, he continues to renage on his agreement to pay, he has also built up a massive phone bill of which has already left my account.
The lodger has a history of violence and also has begun to damage my property such as the back window has been broke and still not replaced.
I have today given him a months notice but I am worried that he will wreck the house as he has already said this to my other lodger behind my back.
Any help on this would be thankful.
Many thanks in advance.
He doesn’t sound much like a friend to me. Damaging the property is clearly in breach of any lodger agreement and I think you might be justified in giving him less than a months notice.
It is difficult to judge these matters however without knowing the people involved. What can you do which would influence him to behave properly? Would reporting him to the police help? Getting a CCJ for his rent arrears? Speaking to his mother?
You probably also need to talk about it with your other lodger and see what he thinks. No doubt he is fed up with things as well – a damaged window affects the security of the house and his possessions will be vulnerable as well as yours.
Hi Tessa,
I moved into a shared property 3 months ago, with one existing tenant (not the landlord), and mistakenly signed a lodger agreement (not knowing that this was different to a tenancy agreement). My landlord never mentioned that she was supposedly a permanent resident at the house until weeks after I had moved in, and originally told me she lived with family in another part of the country.
She has definitely not been a permanent resident at the house for the whole time I’ve lived here and apparently hasn’t been for at least the last year, although she does ‘stay over’ on occasion (she has slept here 3 nights out of 90).
The term stated on my agreement is 6 months, which expires on 15th November. However, she has just given me a month’s notice, asking me to vacate the property on 31st Aug as she has decided that her and her partner would like to move into the property permanently. My rent runs from 18th of the month, so technically she has asked me to move halfway through a month that I will have already paid in advance for. I have asked her to extend the notice period to two months, so that I can find alternative accommodation – I also have two cats which she happily agreed I could move in, so finding somewhere else is likely to take time – and she has refused.
Is she legally allowed to do this, bearing in mind that she is not actually a live-in landlord, as stated on the contract? Given the way she has behaved, I don’t want to stay in the property any longer than I have to, but a month just isn’t enough.
Where do I stand?
Cat
If your landlord does not live on the premises, then this cannot be a lodger agreement (no matter what is written on it). If your landlord tries to evict you without going through the proper procedure (ie getting a court order for possession), this is unlawful eviction which is a criminal offence. Have a word with your Local Authority Housing Officer as they are the prosecuting authority for this offence (not the police). They should be able to advise and help you.
I deal with tenancy matters on my Landlord Law site at http://www.landlordlaw.co.uk.
Hi, I’m about to use your procedure to evict my lodger today (no rent in 2 months, drug taking on property and plenty more)she has had endless warnings and I gave her notice to move out by today, which she signed. She has not started to pack, has spent all week either asleep or inviting her friends round to drink in the garden! She went out last night and has yet to return. I have told her she has till 4pm today to leave. What I would like to know is what right do I have to pack her belongings for her? If I change the locks and refuse to let her in, should I agree she can come in to pack or do I have to do it? I’m very concerned that if I let her in the house she will refuse to leave it.
Thanks for any advice
Hi Kitty. Most people in this situation will only allow the lodger back in if there is police presence.
Thanks for the advice Tessa. Having changed the locks on friday my lodger returned to the house and tried to get in. I said I wasn’t preapred to let her enter the house without the police present. She left and I haven’t heard anything since. I have a feeling she would rather not meet the police for some reason. What should I do with her belongings? I have a new lodger moving in on wednesday and need the room to be empty and clean? again thank you for any advice
Hi Kitty, well done! You need to keep the lodgers possessions safe as they do not belong to you. If you want to sell or dispose of them there is a procedure you need to follow first, and I will be doing a blog post about this shortly.
Hi Tessa,
After having lived with my lodger (i own the property) for over a year now, I served her notice yesterday. This was due to a lack of recognition that I was the landlady and general clash of personality amongst her aggressive verbal attitude towards me. Following verbally giving her notice (a calender month’s from 1st Sept) I left my flat to give her space. I returned to find she had removed any of her possessions (books, DVDs, bed linen!) from any space that we shared.
I believe that she may leave this week and not return. Our lodger agreement was due for renewal at the start of this month but because of an injury she could not sign the documents. Where therefore do I stand? If she leaves this week, am I entitled to keep her full deposit as she did not stay her notice? What rights does she have with regards to trying to claim her deposit back?
Thanks
Personally I would suggest a written notice rather than just a verbal one (if you did give a written notice apologies for misunderstanding you). Best to wait and see what happens. However if she leaves before the end of the notice period, and demands her deposit money, look first to see what your written agreement says. If it says nothing, then my view is that it would be best to apportion it out and refund for the period after she left (less any damage). At least then you will get rid of her. Although depending on circumstances you may be able to make out a case for keeping it all.
Hi Tessa, again thanks for the advice. Having evicted my lodger 1 week ago she agreed on two occasions to pick up her stuff and did not turn up. I have packaged it up (I had a witness) and it’s now filling up my lounge. She has requested to come just for her lap top as it’s causing her inconvenience not having it. Having lost my holiday savings, my holiday, numerous days off work and considerable stress I have little sympathy. I would like to tell her she can remove everything or nothing. Can I do that?
I have now done a post on dealing with tenants possessions left behind which you can find here: http://lodgerlandlord.co.uk.gridhosted.co.uk/2010/08/19/dealing-with-lodgers-possessions-that-they-leave-behind/
Hello…I tried the exact of the above with a lodger who I served notice but she refused to leave and refused to pay saying the room was hers as she had a contract from me.
I tried removing her things from her room to take them downstairs and she called the police..the police nearly broke down my bedroom door where I was with my baby. Thye told me infront of her..rather shouted at close range to my face that the tenant had ALL the rights and she will leave only when she decides and if I even touch her things the policeman said he will cuff me and drag me out of the house infront of all my neighbours..and he also said the tenant just has to call one more time for me to be dragged out of the house cuffed no questions asked…all this at the top of his voice frighteneing my little 3 year old duaghter who was clinging onto me.
Even 5 weeks after this if i plucked up the courage to ask the tenant when she was leaving and she slammed the door on my face
When i asked her again in the dining room she aped the action of getting her mobile to call the police to frighten me..
She finally left saying she will be storing some of her suitcases that she took out of big yellow storage and will be storing them in my house free of charge while she went abroad on holiday before moving in with her friend…all this because the police made her feel invincible
It was a nightmare
If what you say is correct, that policeman sounds completely out of order. I suggest you lodge a complaint with the Chief Constable.
I have let a friend stay with me, but he asked me to give him an assured tenancy agreement for dss purposes. he has been here nearly a month with no money coming forward. I also take students which he needs a crb check, the students arrive on 6/9 and he not moving. What do i do?
Don’t give him an AST agreement! If you want him to leave, follow the procedure set out on this site.
Hi, I have had a lodger with me for 2 years, and previously we have had no problems. However, he moved his girlfriend in back in November which was agreed as 2 month temporary stay. She is still here, and they separated 3 months ago but has allowed her to stay sharing his room. She does not pay rent to me directly, but pays it to my original flatmate. I asked her to leave at the end of September (6 weeks notice), but since then she refuses to communicate with me and has created an unbearable atmosphere in the flat. She constantly bangs around, leaves mess and brings friends around without my permission. This has been exacerbated by the fact that my original flatmate has been away for 2 weeks and left me to deal with her. I then sent her another letter stating that given her behaviour and the distress she is causing me, I have no choice but to give her a weeks notice to leave (last Sunday). She wrote back saying that she refused to consider this note until my flatmate returns, and has not left. I have spoken to my flatmate but he refuses to do anything as he is ‘staying neutral’. None of us have ever had a written agreement, the flat contract is in my name and all living areas/kitchen/bathroom are shared. I now also would like him to leave, and definitely want her out as soon as possible. Can you please advise? Thanks
Hi Natalie
You need to follow the procedures set out on this site. If you want any special ‘one to one’ advice, we have a fixed fee advice service http://lodgerlandlord.co.uk.gridhosted.co.uk/advice/
Hello Tessa
I have just been granted Deputyship for my mother who is currently in a carehome. She has a long term lodger who has now invite another lodger in to my mother’s home. Lodger 1 owes over £1,600 and lodger 2 owns £350 and neither are showing signs of paying. I have issued notice to quit of 28 days to lodger 1 and 14 days to lodger 2 as he is there with no authorty from myself or my mother. My question is this: My mother needs to be returned to her own home now and I need the lodgers to leave to be able to do this. If they remain there my mother would be ‘at risk’- she was subjected to finacial and physical abuse by lodger 1 and is why she is now in a care home. From reading the above, where do I stand as this is not my home and my mother cannot return until the lodgers have left for fear of the abuse continuing?
That is not something I can answer easily here as the answer will to a certain extent depend on how long your mother has been in the case home. You may need to get a court order for possession. I would suggest you consult local solicitors. Or you could use our referral service here: http://www.landlordlaw.co.uk/page.ihtml?id=328&step=2
i have a lady lodger who when moved agreed that she is to give one months notice if she wanted to leave. she has been here at my apartment for one and half months and now wants to leave. but she wants to give 7 days notice and not a month. i have a months deposit from her. should i give her a weeks deposit as she is leaving 3 weeks early ? what right do i have ?
she says as a lodger she does not have to give any notice at all. but we agreed verbally that she would have to give a months notice if she ever wanted to leave before she moved in and she paid the deposit and i gave her a receipt ( for which i have a copy off )
It is to prevent this sort of dispute happening that it is a good idea to have a written agreement. Lodger agreements are governed by the terms of their contract rather than outside legislation, so what you agreed before she went in should apply.
So if you agreed that the lodger should give a months notice (a perfectly reasonable arrangement) then that is what she should give, and you are entitled to retain rent in lieu of notice from the deposit. The problem, if she ever challenges this at court, will be proving it as it will be your work against hers.
However I suspect the lodger is unlikely to take you to court and if she did you would have a good chance of being believed as it is such a standard clause.
As landlord does house have to be my main residence for lodger agreement to count as I have lodgers in my ‘second’ home. I am usually there every other week, though with some longer gaps. One of my lodgers is now claiming more rights. what is the legal position?
I have a very difficult lodger who despite having been given an extra two weeks beyond the signed lodger agreement ( ended september ) and a
months written notice has contacted a legal advice centre who has advised her she has an assured shorthold tenancy not a lodgers agreement as she has told them I do not live there. She also
says she has exclusive access to her room despite it saying she does not have exclusive access on the agreement. She is asking for £400 compensation or she will not go. I hold £200 of her bond/deposit. She has caused me a lot of grief over the six months. This is the final
straw. She is saying I do not live in the property, which is not true, I do not spend much time there as I have a separate flat I’m renting
as my daughter and I need privacy but I am at the house everyday cleaning, organising and have a room to myself there plus sharing all faciities
with the other lodgers, all my belongings are around the house. It was just a temporary arrangement as I plan to sell the house now, but I need her to go, I feel uncomfortable being there with my daughter. A possession order will
take too long, her notice was served for mid september. What can I legally do?
For both of you, provided you do actually live there, you should be all right in following the procedures set out in this blog. The fact that you have a second home should not mean that the home with the lodger is not your home also.
However if you hardly ever spend any time there, it may be difficult. You appreciate that on this blog I cannot say *definitely* that you will not be challenged by your lodger or that s/he would not succeed in any court claim for example for compensation for unlawful eviction. I can only say what is likely.