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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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I helped a student as she was in dire need of accommodation

Resolved Question:

I helped a student as she was in dire need of accommodation to share a flat with me (two bedroom flat) and in the last four months she was not paying any fees either for bills or rents, and i asked her to move out as she was not able to come up with any fund for her accommodation and she is not ready and doesnt want to leave up what do i do?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this?
Customer: replied 3 years ago.

I do like her to leave so that I can let out the room to ease me my financial burden

Customer: replied 3 years ago.
I want her to move out of the property but she is been avoiding me. How can I move her out as all peaceful moves to do that has failed!
Expert:  Jo C. replied 3 years ago.
Just to confirm, you live with her at this flat sharing amenities?
Customer: replied 3 years ago.
Yes and I am the primary tenant of the property.
Expert:  Jo C. replied 3 years ago.
That would change things.

is this a sub let?

Do you have permission from your landlord to sublet?
Customer: replied 3 years ago.
I did not sublet to her she is just squatting pending when she will be able to get a place of her own, and the room was just vacant although I can sublet it but it was never sublet to her as I was not thinking of subletting it at the time.

Now I can't finance it all and I need to sublet it but she is not willing to rent it, and not willing to leave.
Expert:  Jo C. replied 3 years ago.
Ok.

So did you have permission from the landlord to sublet?
Customer: replied 3 years ago.
Yes I do but I did not sublet to her as at the time she came in; I was just helping but now I want her out but she doesn't want to leave, and she is been avoiding me comes late leaves early, she doesn't pick her calls neither does she reply her text messages and I getting worried as I do not want any trouble.
Expert:  Jo C. replied 3 years ago.
Is the permission in writing?
Customer: replied 3 years ago.
It's in writing on the tenancy agreement document.
Expert:  Jo C. replied 3 years ago.
Thank you.

I just need about 20 min to type up an answer if that's okay.
Expert:  Jo C. replied 3 years ago.
Thanks.

The situation here is relatively simple. This person is a lodger and it is what is known as "an excluded occupier". You have to give her written notice to quit at least four weeks of the rent is paid monthly and one week if the rent is paid weekly.

You do not have to go to court to evict them. If the lodger does not move out, you can move their things out and change the lock on the room, but you must give their belongings back.

You will find quite good information upon this here

https://www.gov.uk/rent-room-in-your-home/ending-a-letting

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
"You have to give her written notice to quit at least four weeks of the rent is paid monthly and one week if the rent is paid weekly."

Kindly clarify this part. Do you mean I should give her a written notice to quit for another four weeks if she is paying rent monthly and one week if she pays weekly? And in this case that she is not paying any rent I can do that right away, is that what you mean please?

And in the case where she wants to make trouble(s) what should I do?

Thanks

You are just a step away from "excellent"
Expert:  Jo C. replied 3 years ago.
I accept that she has not paid any rent, but if the agreement was that she paid weekly, give her one week notice. If the agreement was that she paid monthly give her one month notice.

I know that will mean that in effect she owes you more money, but that is the price you pay for taking in a non paying lodger.

You can always give her one week notice and if she does not move out, lock her out and see whether she takes legal advice, but I can only tell you what you are supposed to do.

If she misbehaves immediately call the police. Because she is a lodger, don't let the police mislead you into believing that you need a court order to get a lodger out, you do not. This is a civil matter and not a criminal matter.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
No thanks
Expert:  Jo C. replied 3 years ago.
All the best.