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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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A friend lives in a housing associationand rents the flat.

Resolved Question:

a friend lives in a housing associationand rents the flat. he has a lodger that he has a verbal agreement with about staying there but no contract.
the lodger is now refusing to leave and hasnt been paying 'rent' for 5 months now, despite my friend asking for rent on a weekly basis. the lodger will say things like i will gaive it next week or i am tryin to get housing benefit but it hasnt come through yet etc and i will pay you when it does. but she hasnt. she has also snuck in her husband to the room and he too has been living there since the 5 months.
they hardly ever leave the house or if htey do one fo them will be in and one out. I am thinking can i get the police to throw them out? or can i break open the lock to their room and put thier things outside if i wait for them to leave and then change the locks on the door?
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
Does your friend have the permission of the HA to take in a lodger? If not, is there a clause in his tenancy barring him from taking in a lodger, there often is such a clause.
His options will be very different depending on the answer to this.
Customer: replied 2 years ago.

Hes checked and the contract says a lodger is allowed. Please give detsiled advise on his next steps thankyou so much its been wuite stressful

Expert:  LondonlawyerJ replied 2 years ago.
I would suggest that his first move should be to speak to his Housing Officer and see if they can help. It would be very useful for him to have the help of his housing officer and it may be this is something that has come up before.
He should do this before serving notices to quit or removing belongings etc.,
I will let you know this evening what steps are necessary to evict a lodger as I am at court today and away from the necessary law books until then. I hope this is OK.
Customer: replied 2 years ago.

Thank you please do get back to us regarding the steps as this is quite urgent now. Thank you

Expert:  LondonlawyerJ replied 2 years ago.
If the person is a lodger then there is no procedure required. At the end of a rental period he can simply be excluded from the premises. However it may be sensible to give a reasonable notice period in writing say 28 days expiring at the end of a payment period.
The written notice should say you wish him to leave, that you are terminating his right to stay with you as a lodger and are allowing him the 28 days out of goodwill to enable him to find new accommodation. You can also refer to outstanding payments for his lodging at your address.
At the end of this period simply exclude him from the property.
I would strongly suggest enlisting the Housing Association's help if possible in this.
Expert:  Clare replied 2 years ago.
Hi
I am afraid that the Housing Association is under no duty to assist you.
Your friend does need to give at least 14 days written notice that they should leave, and indeed make it plain that the husband is NOT welcome in the property and that if he returns he will ask the police to remove him.
So far as the lodger herself is concerned at the end of the two weeks your friend can indeed wait until she goes out, change the locks and pack up her belongings for collection
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34106
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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