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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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I need some advice relating to eviction of an excluded occupancy

Resolved Question:

I need some advice relating to eviction of an excluded occupancy tenant. I am a live in landlord and wish to have them leave as soon as possible. Please can you advice whom to contact. Many thanks
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.

Do they pay rent weekly or monthly?

How much notice have you given them?

Are they refusing to leave?
Customer: replied 3 years ago.
They pay monthly and I have given them four weeks notice. I didn't give notice in writing but by text message as I had read that this was ok.
Expert:  Jo C. replied 3 years ago.
I'm sorry but giving notice by text message is not acceptable unless they have confirmed that they received it.

Text messages are extremely unreliable.

If they pay monthly, you have to give them one months notice.

At the moment, they are no more than lodgers in the house and as you will read on this government website

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

After the notice has expired, you can actually lock them out of the room provided you give them their belongings back.

I do not think that you are on good ground relying on the text message unless they have acknowledged that they received it.

If they have not, you need to give them one months notice in writing and specify the date when it expires and when they would be expected to leave.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

They did respond but didn't accept that I wanted them to move out. I did offer a formal letter after that with new dates but that also wasn't accepted so I went back to my original dates. From what I have been reading I understand that I don't have to give notice in a formal letter, although that would have been better, and surely any reason I give is up to me as long as I give them the full 4 weeks notice?

Expert:  Jo C. replied 3 years ago.
Thank you.
It does not matter why you want them to move out and in fact, you don’t need a reason. It is sufficient that you want them out and you have given them notice.

They don’t have to accept the notice, you simply have to give it to them. They can throw it back in your face but that is still adequately served.

Just make sure that you have given them the full four weeks notice and then lock them out and give them their stuff back.

It might be worthwhile printing off the page from the government website I sent you and telling them that if they do not move out, that is what is going to happen to them.
Customer: replied 3 years ago.

Sorry Jo, I will leave feedback as soon as I know if it has helped me or not. I hope you can be patient, I shan't forget. I may need more advice if I cna't get the information elsewhere but will let you know. Freya

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Customer: replied 3 years ago.

Thank you Jo. It is much appreciated. Freya

Expert:  Jo C. replied 3 years ago.
OK
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