I have a lodger who rents a room from me since May 2025 and who shares my kitchen and bathroom. This was arranged through Open Rent and although the agreement was headed Assured Periodic tenancy agreement, I understand from research that he is technically a lodger as I live here in my house too.
As such, does anyone know if my email to him yesterday giving him 2 months to vacate as I’ve sold my house (and his reply acknowledging that) is sufficient legally or do I need to use Open Rent’s section 8 notice which is technically for tenants and not lodgers?
The lodger promised me verbally a month ago that I had no worries if my buyers gave an exchange and completion date so taking him at his word I told the buyers last week that was not a problem. They said ok let’s have an exchange in 2 weeks and completion 30th June. The tenant then broke his word and said I want 2 months’ notice! Now I’m afraid my buyers may back out having to wait longer than their plans to move in.
Quick background - tenant rents a room but as I agreed his young children could visit at weekends I kindly let him have two rooms and showed great kindness to him as he’s getting divorced and I felt for him. Now he’s let me down.
Is the email legally enough as he says that will suffice for him or should I issue the section 8 to cover myself please?
Even if considered a tenant then you and tensnt can mutually agree to surrender the tenancy at any date, but youll need in writing. Otherwise youd have to use s8
I’m no expert on lodger agreements, but am confident that Section 8 does not apply to them!
As I understand things, you need to give them a written notice to quit which need not be in any specific format. Give them the notice stipulated in your agreement.
Whilst you have signed an AST, you do not have an AST, and you should terminate it & act as if you had signed the correct lodger agreement.
Again, I would reiterate that I’m no expert on lodger agreements, so would ordinarily not comment, as I don’t like to advise on things I’m not sure off, but didn’t want you going down the Section 8 process, as suggested above. So, do some more research or await someone to comment that may be more expert on this.
Totally agree with @Karl11 if you make sure its a lodger agreement not an AST then as i said RRA wont apply. Get proper legal advice
OR support may be able to help. Ask @dan4 in OR legal team. I dont know why OR allow AST docs to be signed if its a lodger arrangement or what legal basis the AST doc then has.
The occupant’s legal status is that of licensee, (lodger). However, the fact that you used an agreement for an APT may have given the lodger some contractual rights over and above this. For example if the agreement prescribes the procedure for eviction, you may be required to use it. I would agree that you need specialist advice on this from a good firm of landlord and tenant lawyers. Initial advice should be free or low cost.