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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I am managing and living in a house which I rented from some

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I am managing and living in a house which I rented from some friends of mine who live in the United States. I have let a room to someone who is a very difficult tenant. She does not pay rent on time, never paid a deposit and refuses to pay towards bills. I have tried to discuss this with her but she just insults me and has now started harassing me by playing loud music. We have given her notice to quit by the time her contract (which she never signed) runs out on 16th August. I know that she does not intend to go. What are out legal rights?
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Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Do you live in the property and if so, does this tenant share any facilities or living accommodation with you?

Customer: replied 1 year ago.
I live in the property. The tenant shares all facilities, kitchen, bathroom, utilities and living room which she chooses not to use.
Expert:  F E Smith replied 1 year ago.

That is good news.

Once the notice period has expired (give at least 1 month) then you can simply lock the lodger out when they next leave the building although you have to give them their belongings back. They have no more rights than someone who is staying in a guest house. They are classed as an excluded occupier and the relevant pages from this government many website pages 3 and 5.

https://www.gov.uk/rent-room-in-your-home/becoming-a-resident-landlord

What you might want to do is print the pages off and give them to the lodger and suggest that she reads them and tell the lodger that the next time she goes out, she will find herself locked out and if she starts to cause trouble, you will simply call the police.

Can I clarify anything for you?

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Best wishes.

Customer: replied 1 year ago.
But I am not the landlord. I am renting from friends who live in the house but am managing the house on their behalf
Expert:  F E Smith replied 1 year ago.

For the purposes of this, you are the landlord because you are in charge of the property and you are collecting the rent. You don’t have to be the owner of the property to be a landlord.

Customer: replied 1 year ago.
I do not collect rent, that is paid directly to the landlords. I do collect bills money as it is paid out of my bank account.
Expert:  F E Smith replied 1 year ago.

It doesn’t change my answer. You have the authority of the landlord to do this in exactly the same way as letting agents very often have the authority to do the same and serve notices.

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