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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have let my home out and was foolish enough not to give a

Resolved Question:

I have let my home out and was foolish enough not to give a contract and I want my lodger out. I had tried to discuss this with him on 16th March, asking him to leave when he ranted.

I have spoken to him and also given him a letter with the S21 form giving him 4 weeks notice last night with a witness present, but he refuses to read the document, tried to give it back to me and has placed on my dining room table. However he ranted and raved about not being able to find accommodation so surely this indicates he is aware of the ramifications. I tried to stay calm but feel very intimidated as he is a 6' 5" Nigerian and I am a 5' 2" English lady and now feel scared to be in my own home. He spoke about what if he cannot find anywhere to live, am I entitled to lock him out after this time?

We do share a kitchen and bathroom.

Please please help me.

Please
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Just to be clear, the lodger only rents a room please?

Customer:

Yes he rent a bedroom but shares kitchen, lounge, bathroom.

Alex Watts :

Yes.

Alex Watts :

You don't actually need to serve a Section 21 notice as this is not a tenancy.

Alex Watts :

This is because the lodger can't have a tenancy agreement. He can only be there on licence

Alex Watts :

Once the 4 weeks is up you can simply change the locks

Alex Watts :

You do not need a Court Order to evict someone from your home

Alex Watts :

I would also call the Police the day you change the locks and say what you have done.

Alex Watts :

Then in terms of his belongings, give him 14 days to collect them or say you will get a charity shop to come and get them

Alex Watts :

But you don't need to serve a section 21 notice, you just need to give notice, then when the time is up you can just change the locks

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you SO much, that has put my mind at rest. I will now buy a lock. I can't tell you how much better I feel knowing I can evict him within the law.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Actually I have another question, what if he is still in the premises after the time I requested him to leave, can I get the Police to evict him?

Alex Watts :

The Police won't - its a civil matter not criminal.

Customer:

So is there anything I can do on the day if he is on the premises?

Alex Watts :

Well you can wait until he goes out. It can be the day after or the day after that

Alex Watts :

Does that help?

Customer:

Yes thank you, XXXXX XXXXX will leave on the day stated but I will have someone with me on that day to support me, he usually goes to church on a Sunday morning and of course he goes to college in the week.

Alex Watts :

Indeed. Please remember to leave feedback before you go today

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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