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SASH_Law
SASH_Law, Lawyer
Category: Property Law
Satisfied Customers: 4687
Experience:  LLB (Hons)
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I needed some advice with evicting a lodger, I had given him

Customer Question

Hey
JA: Hi. How can I help?
Customer: I needed some advice with evicting a lodger
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I had given him a verbal notice on the 9th of March Hence he was meant to leave on the 9th of April But he didn't And haven't been paying the rent since March as he claims he doesn't have money because of the current situation
JA: Have you talked to a lawyer about this?
Customer: Not yet Got some advice from citizens advice
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yea We have been asking him since then to leave and he has been giving us dates that he would leave but doesn't
Submitted: 1 year ago.
Category: Property Law
Expert:  SASH_Law replied 1 year ago.

Hi, I'm Lea and I have reviewed your query.

Does he live in the same household as you and share your facilities?

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 1 year ago.
Customer: replied 1 year ago.
The call request was sent by mistake
Expert:  SASH_Law replied 1 year ago.

If you have already given him reasonable notice (you gave one month and we are now a further two months past that) you can simply evict him. You do not need a court order to do this as he is what is known as an excluded occupier.

I suggest you inform him that he has until Saturday to remove his belongings and you expect him to leave on that day with no further delays.

Customer: replied 1 year ago.
I have given him until 15 of June
Customer: replied 1 year ago.
I have given him several dates but he doesn’t leave
Customer: replied 1 year ago.
What is the next step I can take
Expert:  SASH_Law replied 1 year ago.

In that case, on that day, you can simply put him out.

I would suggest if you think there might be a breach of the peace that you contact your local constabulary and ask them to send an officer down whilst he leaves. The police may refuse as it is a civil matter, not criminal, but if there is a breach of the peace and the police are called they will come out.

Your lodger has no rights beyond the date you have given him to leave.

Customer: replied 1 year ago.
The police say that at this moment they are not able to evict anyone due to the current situation
Customer: replied 1 year ago.
Do I get physical
Customer: replied 1 year ago.
Cause when I tell him verbally he doesn’t listen and physically would be abuse
Customer: replied 1 year ago.
he hasn’t payed the rent for 3 months
Expert:  SASH_Law replied 1 year ago.

The police don't evict people. You are free to evict a lodger from your home - the law has not changed in regards ***** ***** The law changed for TENANTS...your lodger is an EXCLUDED OCCUPIER.

If you put him out and he becomes abusive, you call the police.

Customer: replied 1 year ago.
I understand
Expert:  SASH_Law replied 1 year ago.

And no, you don't 'get physical'.

Wait until he goes out and then change the locks if needs be. Then hand him his stuff through a window.

Customer: replied 1 year ago.
But how can I put him out just take his belongings and leave them on the road?
Customer: replied 1 year ago.
He leaves with his son and wife
Customer: replied 1 year ago.
every time I tell him to leave he says he has nowhere to go
Customer: replied 1 year ago.
continues to stay
Customer: replied 1 year ago.
even if he goes out there is always one person at home
Expert:  SASH_Law replied 1 year ago.

That's a moral query - you asked on a law forum what you can do and I gave you the legal answer.

Send him to the local authority homeless person's unit - they can help.

Customer: replied 1 year ago.
Ok
Customer: replied 1 year ago.
legally he has no rights?
Customer: replied 1 year ago.
Thank you for your help
Expert:  SASH_Law replied 1 year ago.

His rights end on the last day of the notice you gave him, i.e. 15th June.

Customer: replied 1 year ago.
Hey I just spoke to him and told him for the final time that 15th is his last day
Customer: replied 1 year ago.
he has called the police again
Expert:  SASH_Law replied 1 year ago.

He can call the police all he likes - the police cannot prevent you evicting him, it is perfectly legal.

Kindly take a moment to rate positively - thank you.

Expert:  SASH_Law replied 1 year ago.

I'd appreciate if you could kindly take a moment to rate positively as that is how I am paid for assisting you today. Thank you!