Landlord rights

I’ve got a lodger that has sign a excluded licence I’m a live in landlord and the lodger shares kitchen and bathroom with myself he’s put a lock on his bedroom door I’ve served notice to evict and peaceful locked him out as he left house on his own growns I’ve now had housing say this is an illegal eviction and I can be prosecuted is this correct

Licensee lodgers would normally be entitled to notice equal to the rent payment period or written period of the tenancy. There are limited circumstances in which its possible to exclude a licensee from the property by changing the locks whilst theyre out. There has to be good cause such as actual or implied violence toward you and you would need reasonable evidence to convince a judge. You could otherwise have illegally evicted the tenant.

I would suggest that at this point you dont respond to either the tenant or the Council but that you immediately seek advice from a specialist housing solicitor who may be able to sort this out for you. A firm like Anthony Gold or JMW or similar should be able to help. It may cost you a few hundred pounds or more to defend this, but you should be aware that illegal eviction is a criminal matter as well as civil, and the Council could seek to prosecute you.

I’ve read my agreement with the lodger and it clearly states I remain procession of the room and he can’t refuse me entry and I have a key to the room so I’m thinking he still is and excluded occupier

Go onto the gov website and read up about eviction of lodgers .

Thanks I did was just checking about him having a lock on his door

a lock cannot be put on by a lodger without the landlords permission.

Yes, he may be an excluded occupier, in which case there is less risk to you. As the Council are accusing you of illegal eviction, its worth getting legal advice on your evidence though. The type of agreement signed often means very little as the actual tenure depends on the facts. If, in practice you do enter his room for cleaning or he has been moved between rooms for example, then it would be clear that his licence is excluded. If not, then it can turn on other factors. Do you have anything in writing asking him to remove the lock?

Nope I didn’t have anything in writing but I did entry room to clean it as he wasn’t so I had access to the room

He broke so many rules on the licence agreement as he was smoking weed in his room he got drunk and pissed all over my stair carpet he was doing anti social behaviour till early hours this is why I evicted him