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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10635
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I have someone living in my house who I have given notice to.

Resolved Question:

I have someone living in my house who I have given notice to. How much notice do I have to give him?
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

1. If you are living in the same place as your lodger, have lived there for the duration of your lodger’s stay and you share parts of the living accommodation with them (shared kitchen facilities for example) then you can take action to remove them.
2.If your lodger only uses one room, such as a bedroom with an en-suite bathroom, never uses the kitchen or living room, and has a lock on the door that means you can’t enter it, the law is different.

Could you please therefore confirm if it is scenario 1 or 2?

I also trust there is no written Agreement in place?

I look forward to hearing from you.

AL

Thanks
AL
Customer: replied 3 years ago.

I own the house he is staying in. He pays rent for a room and has the use of the kitchen, bathroom etc. His agreement was for six months but that was 3yrs ago. I have given him 4 weeks notice which ends tomorrow but he says the Sedgemore District Council say I have to give him 2 months notice. Its my house and I want him to leave. He has been a good tenant and there is no hard feelings except I suppose he has no where else to go. Is 4 weeks notice legal and enough?

Expert:  Aston Lawyer replied 3 years ago.

Hi again,

Thanks for your reply.

The standard notice period when you ask a lodger to leave is 28 days.

2 months is excessive, and is the Notice period you would have to give a Tenant, whose Tenancy had expired, and not a Lodger.

However, the fact remains that if you have given
him notice and he stays put, you are faced with making an application to court to evict him.

Here is a link which you may find helpful

http://www.lodgers.com/evicting-a-lodger.html

I hope this assists you.

Kind Regards
AL
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