Lodger not leaving

I have a lodger how you have described in as a grey area. He has his own living area but I live in same house and only have 1 meters. I gave months notice then he another 3 weeks which I gave rent free. Now he has changed locks and won’t leave.

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no favours, do u have his ID! , other basic details? take it to the police and report that he is staying without consent. police is likely to have his records.

So he’s signed a lodger agreement so we are within our rights to change locks when he’s out. The police were called but they said it’s a civil matter.

Yes that happened to me , my lodger I got from spare room, said he was a business man , the truth , he never left his room , he never left the house , playing games in his room and eating crisps and drinking coke it was a nightmare , he eventually left and no more lodger for me after that , we’ve been doing it for a number of years but that was really bad

If he has self contained accommodation in the same building in which you live and it was not purpose built accommodation, then he is likely to have a tenancy with basic protection. This means that you cannot just change the locks and may have to get a court order to remove him. Get some legal advice as this has the potential to be expensive otherwise.

That’s what I found as well, but he doesn’t have a separate meter and pays no bills or council tax. I know it’s a grey area. Also he agreed to leave on 22nd July. And has not indicated by text or otherwise that he’s staying longer. Just carried on staying. Is this still the case if he’s agreed to move out? Thank you again for the help.

“Agreed to leave” or served you with a valid notice to quit? Once he does the latter you will have more scope to change the locks.

So we gave a months notice and he said he needed extra 3 weeks which we gave free rent. Now he won’t move. We have same meter for bills but he has more rights like you said. The law says I need to go to court to get order but don’t need a reason and supposed to take 3 wks. I’m really at a loss what to do and grateful for your help as it’s such a grey area.!

Do you mean he has changed the locks to his bedroom? I’m not sure what you have described comes under “self-contained” as he would have to have his own facilities (kitchen, bathroom etc) but in your situation, he’s just got a living area plus his bedroom, correct? If so, I think he falls under the definition of “excluded occupier” the normal lodger rights apply i.e. very few rights and not the same as an AST. I would change the locks to everything as soon as he’s out of the house, which is seen as a “peaceable eviction” permitted according to citizens advice. Obviously call the police if there’s a risk he will be violent when he discovers this but maybe have some rugby-type friends or family around for support?! What rights do lodgers have? - Citizens Advice

Hi thank you for taking the time to reply. So have a basement self contained with everything in my land with own entrance. I live upstairs and share same meter. He’s changed locks to front door and garage door which he’s not got as his lodger agreement. He signed a lodger agreement even though it’s self contained. He agreed by text to leave but then changed locks on his door and my garage. It says I need to go to court but don’t need to give reason as he is a lodger with basic rights. I don’t know how I go about doing court application I believe it takes 3 weeks.

Apply to the courts now for possession. If you are not sure how to do this, speak to a housing solicitor, (not a general purpose solicitor)

Kay having common meters does not mean that he is a lodger. The law is very clear in that any sleeping accommodation with its own Cooking facilities ie cooker and sink (even if it has one sink in the bathroom) with shower is enough to say it is self contained even if it does not have own entrance. Key to this is own cooking facilities and sleeping space. He may have signed lodger agreement, but I do think that it will be treated as an Unwritten AST. Seek legal advice.

Apply for a possession order via the magistrates court. Yourself or legal representatives can serve a notice on & within his living quarters.
OUNCE IT HAS GONE TO COURT. ASK FOR THE CASE TO BE ACCELERATED TO THE HIGHT COURTS. COST ABOUT £1K, ( but money well spent, as well as saved in the long run. )
Take this route. Pay the fee. Definitely for the better in the long run.
Otherwise this back & throwing can go on for YEARS. YOU DONT WANT THAT!!
Stay Safe, All The Best.

From what Kay10 is saying, I think she would count as a resident landlord, which would mean that the tenancy cannot be assured. However, the tenant still has some rights, which is why its important to consult a solicitor.

That is great thank you so much as was not sure as a resident landlord which court to apply to. Also no information on the website to help resident landlord. So I go direct to the magistrate court ? I really need to do it fast as I’m in process of selling the house. Thank you again so much for your help.

No you dont use a magistrate court, you use a county court. You also have to use exactly the correct form or you will fail. Please fet some professional help.

Thank you it says as he’s a occupier with basic protection you don’t need a reason for court? Do you know how long it will take l was hoping to sell the house and complete in September. It’s so stressful and as it’s such a grey area there is very little guidance.

I think September is pushing it, but you might be ok to complete in Oct or Nov if your local court doesnt have a backlog and provided you can find a buyer willing to wait. This assumes you dont make a mistake with the paperwork.

Thank you for your reply l think I may lose my sale it is so hard as he signed a lodger agreement I thought it would be ok.

bring back debtors prisons

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