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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3671
Experience:  Two years conveyancing experience.
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Re: Lodger or Tenant My son owns a property, the only property

Customer Question

Re: Lodger or Tenant
My son owns a property, the only property he has, he is a registered resident, and it is his home. Unfortunately he was hospitalized and it appears for some time. My son asked me to look after his property, but I do not reside in it. With his permission I got a lodger in his room, who requested to have a Lodger Agreement, based on weekly payments which I signed. However this person was in a breech of Agreement having five people sleeping in the room on the floor over four nights. It is also true that this person used my sons address to obtain Council benefits.
When I served the notice to this person, who was also in arreas and misused the usage of the room. The Council stepped in maintaining that this person is a Tenant?
Is this person a LODGER or A TENANT?
Submitted: 4 years ago.
Category: Property Law
Expert:  Alex J. replied 4 years ago.
Hi

Thank you for your question and welcome to Just Answer.

A lodger would suggest that he occupies the property with the landlord and shares the property facilities. He also will not have exclusive possession (ie things like a lock on his door) and the landlord will continue to be able to enter the property including his room at any time.

If he is a tenant he will have exclusive possession and will be able to exclude anyone from the property including the landlord (subject to reasonable emergency access).

So what is his current arrangement? Is he the only person living in the property?

If he is a tenant you can still get rid of him you just need to serve the proper notice. How long is his "lodger" agreement? What is the frequency of his rental payments supposed to be?

I look forward to hearing from you

Kind regards

AJ