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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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I am a homeowner and at the start of September 2014, I brought

Customer Question

I am a homeowner and at the start of September 2014, I brought in a lodger. I didn't give him a contract but we agreed the rent would be the £75 per week and that he would pay in 3 instalments throughout the next 12 months. He paid £650 in September 14,£800 in May 15 and £75 in August 2015 meaning by the end of August he was £2375 in arreas. I have decided to give him his notice after (sent him an email on 14/09/15 with a letter giving him 21 days as he is so far behind on his rent) & I am looking to move out , relocate and let my house at via an estate agent. I have already got new accommodation sorted out for myself and currently in the process of spending some days in the new accommodation .
What if after the 21 days he hasn't moved his stuff out, am I within my rights to change the locks & what do I do with his belongings?
I wont spend all my time in the house from next week,will this affect his 'lodger' status even though I have lived there all the time during his duration of stay until next week?
What legal rights to I have to chase him for the arreas, even though there was only a verbal contract?
Appreciate the help , thanks
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Have you named a specific date on the notice?
Do you need him out urgently or can you serve a fresh notice?
Customer: replied 1 year ago.
Hi JoI have put Monday 5th October as the leave date (21 days).I need him out by then ideally as I am looking to let out the flat not long after this date ideally
Expert:  Jo C. replied 1 year ago.
Ok.
Just for clarity, he shares amenities with you? It is not a self contained flat within your house with own kitchen and bathroom?
Customer: replied 1 year ago.
No he is an excluded occupier
Customer: replied 1 year ago.
*it is not a self contained flat within my house, he does share amenities with me
Expert:  Jo C. replied 1 year ago.
In that case he is a lodger. Your notice is perfectly adequate. If he doesn't go upon the relevant date then you don't need a court order to evict. You can literally just wait until he goes out and change the locks after him. You do need to make his property available for collection by him at any time by arrangement but no more than that. If he never goes out at all leaving you in a position where you can't do this then you can seek an injunction to force him to go but it is very unlikely to come to that. In legal theory you can use reasonable force to evict him yourself but I wouldn't suggest though as it leaves you vulnerable to allegations. Can I clarify anything for you? Jo
Customer: replied 1 year ago.
That part is perfectly fine thanks. With regards ***** ***** rent arreas, do I have a case to chase him up if he doesn't pay back. I believe without a written agreement it makes it hard.
Expert:  Jo C. replied 1 year ago.
Yes, you do. You can sue here
www.moneyclaim.gov.uk
To be honest, the absence of a written agreement isn't the end of the world. There was clearly some agreement here and courts are quite well aware of the fact that written agreements are rare in contracts of this nature.
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
That's fantastic, didn't think this was possible. I will have a look if it comes to it.
Expert:  Jo C. replied 1 year ago.


No problem and all the best.

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