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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24624
Experience:  Senior Partner at Berkson Wallace
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I need to evict a stubborn and rude tenant from my property.

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I need to evict a stubborn and rude tenant from my property. She rented a single room in a 3 bedroom house.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: United Kingdom
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: 6 months
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Let me think about it and get back to you

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Is she a lodger or a tenant?

what was the tenancy agreement?

and when did she start the tenancy?

Stuart J and other Law Specialists are ready to help you
Customer: replied 15 days ago.
Her tenancy agreement was for 6 months from27/08/18.She was previously served S 21 on 28/08/19 which she pleaded with me to be of good behaviour and didn't press further.Now with her unbecoming behaviour I have no alternative but, for her to leave.
Customer: replied 15 days ago.
You may call me on 07958 207277
Customer: replied 15 days ago.
My phone rang displaying suspected spam which I answered in the 10 minutes with music playing without no speaking with me.
Please let me know if you're the one on the line as I'm fed up with the music playing
Customer: replied 15 days ago.
Are you the one calling me unknown number suspected spam?
Customer: replied 15 days ago.
Please call me ASAP

It seems that someone else picked up the telephone call.  It wasn’t me.  I will ask Customer Services to transfer it to me and then I will call you.

Meanwhile you need to serve her another section 21 notice because the original one has long since expired.  You also need to give her the section 8 notice based upon her unacceptable behaviour.

Any notice must be in the statutory format in writing.

The notice period originally was 2 months under section 21 and it could be as low as 2 weeks under section 8 but it changed to 3 months on 25 March last year and to 6 months on the 31st of June last year.

From , 1 June 2021, those notice periods are now generally 4 months.

However certain notice periods are shorter such as rent arrears but there have to be far more rent arrears now than there were before.  It used to be 2 months, no wit is 6 months.  So it appears to be more favourable to the landlord but in actual fact it isn’t.

The government have produced this webpage on exactly this subject:

https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities/technical-guidance-on-eviction-notices

The notice periods are probably coming down to 2 months at the end of September but we are waiting to have that confirmed.

I assume that you do not live in the property otherwise it becomes far easier if you do.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 15 days ago.
I live in the property but sometimes go to spend time with my family elsewhere.

What addresses on your driving licence and if your name on the utility bills into your bank statements come to this address?

Ie is it your main residence?

The reason is that if you live in the property, and you share some facilities with this person who is in fact a lodger in those circumstances, then it’s relatively easy to get them out

If that’s the case, then you need to give him one month notice which does not necessarily have to be in writing but it’s better if it is.

Provided he shares some facilities, kitchen, bathroom, lounge, whatever, and his accommodation is not self-contained, then you do not need a court order to get him out and when the notice has expired, you can simply lock him out provided you give him his belongings back.

Here it is from the government website.

https://www.gov.uk/rent-room-in-your-home/your-lodgers-tenancy-type

Customer: replied 15 days ago.
Please let me know if is matter you can take on for me.

I’m afraid that we are specifically not allowed to take instructions from here.
If the site were to be a source of potential clients, we would no longer be independent because we would have an interest in pursuing litigation.  With no interest in pursuing litigation, we can be really objective with our view is to whether something has a good chance or a limited chance of success.

In any event, for logistical reasons you would be better using a local solicitor .

Customer: replied 15 days ago.
But you knew there is a logistical reason before asking for payment. This isn't the right code of practice

Although we are solicitors, we are not acting are solicitors and there is no solicitor client relationship between us.

We are not a firm of solicitors it is a legal questions and answer website and you asked a question and we answered you.  If you have any problems with anything surrounding payment, then you would need to speak to customer services.

I don’t deal with money or any administration, I only answer questions.

Try this link: http://ww2.justanswer.com/help

or this one

***@******.***

Kind regards

Customer: replied 15 days ago.
I live in the property and have all the utility in my bearing same address.I rented her a room for 6 months as said earlier but, her character is something else hence I want her out but , she keeps saying I should take her to court and all that.She says so thinking that she might use it to get social housing.

Local councils will not rehome someone unless there is actually an eviction order.

The most important thing here is proving that you are a live in landlord because then it’s easy to get the person out as I mentioned earlier.

Just because you spend some time away doesn’t mean that you are not a live in landlord provided you can prove that this is your main residence because, for example, or your correspondence comes to this address.

Customer: replied 14 days ago.
All my correspondence comes to the address

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.

Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.

If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court.

If that is the case, then your argument is that you are a live-in landlord, it cannot be a Assured Short hold Tenancy and therefore you are able to give one months notice and then lock the tenant out.

Whether he would argue something different, in court, in respect of illegal eviction would be something for the court to decide.

Customer: replied 14 days ago.
Suppose she said to the police that I wasn't living there previously would that be to her favour?

The police don’t normally get involved with unlawful eviction.  It would be the civil court and it comes down to who believes who.  People do lie, so you need proof that it is indeed your address which is all the correspondence stuff I mentioned earlier.

Customer: replied 14 days ago.
I have every proof that I have been living there during the last 10 years but do often go and spend time with my family and come back.
I have council tax electricity and gas, water and bank statements in my name and from the address.Due to her unreasonable behaviour I can issue her a quit notice for a month and if refuses to leave the lock can be changed to stopping her coming back in? Right!

A lot depends on how long you spend with your family and how long you spend in this house and whether the reality is that you live here or you live anywhere else.  That’s why the addresses are so important.  You never know which way a judge would look at it if the person brought a claim for unlawful eviction.

I have already covered all this in my previous reply and I’ve also answer the question that you’ve just asked in my previous reply.

If you do that, I cannot guarantee that an unlawful eviction claim would be successful but if the tenant brings such a claim you are going to have to deal with it.  There is a risk in doing it in any other way other than through court process unless you live in the property which clearly you don’t.

Customer: replied 14 days ago.
I share a room in the property. My stuff are there.
Customer: replied 14 days ago.
I live in the property now as I speak

In the last six months, how much time have you spent in the property and how much time have you spent elsewhere?  Were you living in the property when this person moved in?

Customer: replied 13 days ago.
I was living in of the room and travelled abroad for a month and came back to the same property. I have my stuff there.

You say that her tenancy started on 27 August 2018.

You just say that you were previously living in the property and went abroad for one month.

You earlier said “I live in the property but sometimes go to spend time with my family elsewhere”..

So what are you living in the property when the tenant moved in?  Since the tenant moved in how much time have you been in the property and how much time have you not?

Customer: replied 12 days ago.
I have lived in the property since 2003 and if I have to go abroad on holiday the longest period ever stay is 2 months.
BecauseThe question i may ask is how many weeks/months notice do I need to give her to quit that I can change my entrance lock?

That doesn’t answer my question as to how long you have stayed in the property and how long you have been away since the tenant moved in.

We have already covered this latest question

If you are a live in landlord you only have to give notice which is the same as the rent payment period is then you can lock the person out provided you give them their belongings back.

When you say a lodger, I assume that you live in the same property.  If that’s the case, then you need to give him one month notice which does not necessarily have to be in writing but it’s better if it is.

Provided he shares some facilities, kitchen, bathroom, lounge, whatever, and his accommodation is not self-contained, then you do not need a court order to get him out and when the notice has expired, you can simply lock him out provided you give him his belongings back.

Here it is from the government website.

https://www.gov.uk/rent-room-in-your-home/your-lodgers-tenancy-type

So it depends whether you genuinely are a live in the landlord or not and that may be something which has to be decided by a court you don’t go through the full notice and court process.You are looking for a definitive answer and we cannot give you a definitive answer, we can only give you an opinion.  It’s how the law works.

Customer: replied 11 days ago.
I have been living there since 2003. And this tenant came to rent the place which I issued her assured shorthold tenancy for 6 months and no other one was issued.
Customer: replied 11 days ago.
Apart from when I go on holiday I always lived in the property

You cannot give her Assured Short Tenancy if you live in the property.

Presumably you were living in the property when the tenant came and you lived in the property for a few months before you went abroad for the month.

Therefore, my answer remains the same

Customer: replied 11 days ago.
Sorry sir my apologies. I issue her with a house share tenancy agreement and not assured shorthold tenancy agreement.

Thank you.  My answer remains the same.

Customer: replied 11 days ago.
How do you mean? That i serve her a verbal or written notice to quit, and if failed can change the lock. Is that what you meant by the term?

We are going over the same ground again now.

Provided you live in the property, give her one month’s written notice to quit telling her that at the end of the month she will come back one day and found herself locked out and her belongings on the step in bin bags.

You cannot do that if you do not live in the property.

Provided he shares some facilities, kitchen, bathroom, lounge, whatever, and his accommodation is not self-contained, then you do not need a court order to get him out and when the notice has expired, you can simply lock him out provided you give him his belongings back.

Here it is from the government website.

https://www.gov.uk/rent-room-in-your-home/your-lodgers-tenancy-type

Customer: replied 11 days ago.
Thanks very much the link you sent me was very informative. I now know what to do.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer, and of course me,  with your legal problem.

Customer: replied 10 days ago.
I will definitely. You gave me real awareness.

:-)