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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 8535
Experience:  I have been practising for 30 years.
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Re:renting rooms. I am a resident landlord and wish to give

Customer Question

Re:renting rooms.
I am a resident landlord and wish to give notice to a lodger who has been living in my house for nearly 30 years but there has been a landlord/lodger breakdown, hence I need him to vacate my home.
As I understand it, as he has to come through my front door to access his bedsit, he has no rights.
Submitted: 5 months ago.
Category: Property Law
Expert:  F E Smith replied 5 months ago.

Does he share any facilities with you, bathroom, kitchen or any living accommodation or is his accommodation self-contained? Thank you.

Customer: replied 5 months ago.
No he only shares the toilet and bathroom on the first floor with 2 other lodgers ( I live on the ground floor).
He rents a room...a bedsit.it is not self-contained..All lodgers have to use my front door to access their room.
Thank you
Customer: replied 5 months ago.
Have you received my reply please as not heard back from you
Customer: replied 5 months ago.
Why have you not replied to my two responses please.
Expert:  F E Smith replied 5 months ago.

I am sorry for the delay. I had a client.

The use of the front door is not relevant.

What is relevant is whether you are a member of your family share a kitchen living room or bathroom with him which you don’t.

If you did, then he would be classed as an excluded occupier and you would only have to give him reasonable notice to end the letting you don’t need a court order. When the notice expires (usually one month) you could have locked him out provided you give him his belongings back.

He is however allowed you with basic protection because he lives in your home but doesn’t share any living utility space with you or your family. Hence, you can’t simply lock him out, if he will not leave when given notice, you will have to go to court and get a court order to evict him.

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