Eviction without tenancy

[jackf93]

Hello,

 

I'm hoping to get some advice on how I would evict someone who has no tenancy.

 

Me and my friend originally had a 3 bed house, and sublet the other room out to this person. He turned out to be really good and we got on really well, even so when it came to moving, we told him to come and live with us. In our first house we gave him a tenancy agreement but not in the second due to him having financial issues, in the end it was a gentlemens agreement for him to pay us direct, even if he was late. He has alway paid his rent even if it is late but recently we have been having lot of arguments over silly little things and i've got to the point where i just want to get rid of him.

 

So, because he doesn't have a tenancy agreement, what would be the proper way to evict him?

 

Many thanks

 

jackf93

[Planner]

Your tenent would appear to be a lodger from what you have posted (you are a residental landlord sharing communal areas such as kitchen, living room, bathroom etc). Lodgers have very few rights and are not offered protection under the various housing acts.

 

Common law priciples apply and you should serve 'reasonable notice' in writing. What frequency is the rent paid? weekly/monthly - I would suggest 28 days/1 month is reasonable notice, unless things are really really bad. If they dont move at the end of this period you may remove their belongings and change the locks.

[jackf93]

He pays rent monthly, although never on time. I am drafting up an eviction notice to give today, I have listed 28 days, which I think is more than reasonable.

 

Sorry I must further explain the post above, me and my friend rented this house from a private landlord, he allowed us to use the extra room to get another person in and so we brought him along. The tenancy agreement is between me and my friend, and the landlord. We verbally agreed that he could live in the house with us and pay rent directly to us. Does this still make him a lodger?

[Planner]

This changes things quite drastically.

 

As the LL is aware that your friend is living in the property and is activley accepting rent from him, he is defiantley more than just a lodger and may have the same rights as you with regards to eviction.

 

I suggest you give shelter a call with the full details and see what advise they can give.

 

It appears that your landlord will be required to serve you all 2 months notice (once the fixed term of your contract has ended) via a s.21 notice.

[Steve__M]

I think the OP said the "lodger" pays the OP (the tenant) and the tenant pays the landlord. So I think the lodger is still a lodger.

 

Practically speaking, you might wish to serve your notice and see whether the lodger moves out. Only if he doesn't move out do you need to worry about his status and how to shift him!

[jackf93]

Thanks for the replies people, he has agreed to move out after I gave him a 28 day notice.