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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10780
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I rent a room in my house to a young woman (28 years old),

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I rent a room in my house to a young woman (28 years old), sharing the kittchen, bathroom, living room and garden. she pays me rent weekly. she hs lost her job recently and doesnt seem to strive to get a job as shes claiming benefits. i am about to get my state pension and shes becoming a liability that i cant afford as a pensioner. I told her verbally last week that i need the room back and yesterday i gave her a written notice to leave in 2/3 days (i am concerned of what she could do when i have to go out and she stays alone in the house, so the short notice) She went straight away to the council office and came back saying i have to give her 2 monthsa written notice on ground of section 21 of housing act 1988. Before i gave her notice to leave i went to CAB asking how much notice i need to give and i was told she is an excluded tenant so i dont have to give any notice, though i could give a reasonable notice what could be a week. A solicitor told me that shes a lodger, not a tenant and theres no written contract or agreement term, i can evict her and dont have to give notice time. So i am very confused about who is right and what i can or not do. I would be happy to give some reasonable notice like 1 week or 2, but not 2 months as it will be very disruptive to my life, unless its a law requirement Can you please clarify me about this and does the section 21 also apply to my case or just to private rented properties? Thank you for your help

just one note, she has not paid this week so far

Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
You are indeed correct. A Section 21 Notice relates only to an Assured Shorthold Tenancy (ie where a property is being rented out- where the person has exclusive possession of the property).
As you have been told, you have a lodger and not a Tenant, and you are under no duty to give her any formal notice- 7 days notice is deemed more than reasonable notice to a Lodger.
You should therefore ask her to leave with immediate effect. If this remains an issue, you should change the locks whilst she is out if this is practical.
I hope this helps and sets out the legal position.
Kind Regards
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Customer: replied 3 years ago.

Thank you very much for your answer.

I have just one more question if possible: my lodger us trying to claim

housing benefit with the local council, she asked me to sign a form for that purpose and i refused because i want her out.

Does it change the situation or give her more rights?

As he lady in council said she would be homeless if i evict her

It doesn't change the situation at all- as a Lodger, she has no right to stay beyond any time limit imposed by you. You were therefore within your rights to refuse to sign any Housing Benefits paperwork.
All the best
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