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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71130
Experience:  Over 5 years in practice.
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Hi, I have given my tenant a verbal 2 month end of tenancy

Customer Question

Hi, I have given my tenant a verbal 2 month end of tenancy in front of my other tenant as a witness, two months was up 15th Jan 2013 and he is refusing to move out as so say hasn't found any where to move to. He has a short hold tenancy agreement which is over 4 years old. He rents a room and shares kitchen and bathroom with other tenant. This is my home and I have a room there and it is my postal address but I haven't lived there for a few years as I live at my mother's address to look after her. His girlfriend was a tenant but she moved out in October 2013 but he has moved her into his room paying no rent... staying in my property night and day. He is on housing benefit which he suppose to top up every month which he is two months behind also. Please can you tell me how I go about stopping his girlfriend coming into my property and can I just change the locks or do I have to get a Court possession? Clare
Submitted: 5 years ago.
Category: Property Law
Remus2004
Expert:  Remus2004 replied 5 years ago.
Thank your for your question. I will try to help with this.

When you say its an AST which is 4 months old, when did it actually end roughly and have you never signed another?
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Customer: replied 5 years ago.

Over 4 years old...not sure when it ended sorry and so annoyed can't find it at the moment. Never signed another one.
Expert:  Remus2004 replied 5 years ago.
Dont worry. Thats all I need to know.

Just to be clear, it is your house but you have never shared it with the tenant?
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Customer: replied 5 years ago.

Correct my house, and he rents a room and shares a kitchen and bathroom with other tenant who rents another room. I have never shared the house with the tenant...I just have a locked room in house in case I need to stay there
Expert:  Remus2004 replied 5 years ago.
OK.

I am sorry but I'm afraid its bad news. Unfortunately, your notice is invalid and will have to be served again.

Its not quite clear what type of contract he is on here. You could argue he is a lodger since you do keep a room there in case you need to stay. Even if he is though, he is still entitled to written notice. Verbal is not sufficient.

I suspect he will argue that he is now a periodic tenant anyway and if so such an agreement can only be ended by a S21 notice. Unfortunately you have to serve one afresh to be on the safe side and you must give him another two months notice.

In relation to the girlfriend, he is not allowed to sublet and you could serve a S8 notice upon him citing breaches for subletting but its not going to get you into the property much faster really than the S21 route overall.

Alternatively you could try writing to him and giving him notice of one month on the basis he was a lodger but i wouldn't advise it. He will say he is a periodic tenant and the Court could well find in his favour.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.

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Customer: replied 5 years ago.

Thank you for replying. I agree that he would say he is a periodic tenant and I suppose it is a fine line to say he is a lodger...I'am I correct though if I was living in the same house I could just change the locks if he didn't get out after serving a S21? Can I not call the Police and have his girlfriend removed from my property as she left on her own accord and she is not paying anything to stay there and I don't want her there as she deals drugs over the road in the church yard.......could she not be classed as a squatter?
Expert:  Remus2004 replied 5 years ago.
If he is a lodger and you give written notice then you can change the locks after him after the notice period.

But if you do and he argues he is on a periodic - which would have merit here - then changing the locks is unlawful eviction and that is a criminal offence.

The police won't act against the girlfriend until he is removed and she remains.
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Customer: replied 5 years ago.

FOR JOMO1972


When I give him a S21 do I get him to sign something to say he has received it....but what happens if he won't sign anything how will I be able to prove I gave it to him??


 


So just to confirm I have no rights to stopping his girlfriend who is drug dealing and who I don't want in my property using my electric and gas etc and not paying nothing for the privilege from living there?
Expert:  Remus2004 replied 5 years ago.
1 You have to serve it in a way that is capable of proof. Recorded post, service by an agent, attaching to the front door etc.

2 Only the ones I mentioned above under S8

Delighted to continue with this but please rate my answer.
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Customer: replied 5 years ago.

FORJOM01972


I certainly will rate your answer at the end as it does say if a rate your answer it will close the question...


 


After I serve the S21 do I just apply to the court for possession order?


 


Sorry what comes under S8?