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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am on the tenancy agreement and I have lodger family which

Customer Question

I am on the tenancy agreement and I have lodger family which is not moving out now. How do I fight against this?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What type of agreement do they have? I assume you are a landlord?
Customer: replied 2 years ago.

I am not a landlord. I have one year contract with the landlord but I gave one room to a family for few weeks as I had a spare room.

the landlord knows about it but he said now I cant keep them in house. What should I do?

Expert:  Ash replied 2 years ago.
Ok, in effect you are sub letting and you want these people out? Are THEY named on the tenancy too?
Customer: replied 2 years ago.

no. They are not. The tenancy is only on my name.

Expert:  Ash replied 2 years ago.
Ok, technically you can just give them written notice and if they refuse to move then change the locks.
But the safest way may be to get a Court possession order. You would need to issue proceedings using form n1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The court will list the matter for hearing and decide whether to make them leave. If they still refuse then you would be able to get a bailiff to evict.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

they went to local council to get help and they say that council has said them not to move as I m not the landlord

but till the contract is on me, the house is my responsibility, isn't it? And I can take action if they don't leave, right?

Expert:  Ash replied 2 years ago.
Yes you can. You can still evict, you are THEIR landlord.
Does that help?
Alex
Customer: replied 2 years ago.

ok. So I can change the locks of the door and then if they come I can call the police, right?

Expert:  Ash replied 2 years ago.
Correct, after you have given notice.
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi. As you told me to change locks and everything but I was told by a solicitor that I can't as the Mai landlord doesn't stay with me that means that I have sublet the property and I can't give him notice like that. I have to file a case to evict them and that can be done by the main landlord. What is right and wrong?

Expert:  Ash replied 2 years ago.
You have lodgers, you can change locks. Its not like you are subletting exclusive, you have lodgers.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex