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INC Law
INC Law, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 15545
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I am a current tenant of same property for over 7 years,

Customer Question

Hi, i am a current tenant of same property for over 7 years, with contract on my name and my husband, over the last few months I’ve helped a friend that lived in a single room and paid a shared rent ( no written contract whatsoever). I want him to move out now , but refuses, what are my rights in this case? Thanks for your answer
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no, only verbally few days ago
JA: Where is the property located?
Customer: north west london
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Is the person considered as lodger?
Submitted: 4 months ago.
Category: Property Law
Expert:  INC Law replied 4 months ago.

Hi,

Thank you for your query. I am a Solicitor-Advocate in the UK and will be assisting you today.

Regardless of whether you are renting the property or you own it, if it is your main residence, any other person residing tjer would be deemed to be a lodger and you would be able to evict them upon reasonable notice without the requirement for a Court Order.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

many thanks

Customer: replied 4 months ago.
Even if is during the pandemic? Also I would like something legally to show the to the person as she refuses to leave. The person currently pays the rent monthly
Expert:  INC Law replied 4 months ago.

Hi,.Yes, even during the Pandemic.

I would suggest you write to them saying they have to leave in a week failing which you will remove their items and change the locks.

You can state youbhave taken legal advice.

As I have answered your original question, kindly rate the answer and provide feedback.

Your question will not close and I will be happy to answer any follow up questions.

Many thanks

Customer: replied 4 months ago.
Under what act should I proceed on this matter, as maybe only to say I’ve taken legal advice might not be enough. Thanks
Expert:  INC Law replied 4 months ago.

Hi,.It would be the Landlord and Tenant Act 1985 and Coronavirus Act 2020.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 4 months ago.
Thanks for your answer, however when I search for the landlord and tenant act, I don’t see anywhere mentioned about lodger and the notice period Or that they are not protected whatsoever for not having a contract. As mentioned it is only verbally agreed to be paid monthly. Looking forward for your answer
Expert:  INC Law replied 4 months ago.

Hi,

See following link which will provide you with further details: https://www.citizensadvice.org.uk/housing/renting-a-home/subletting-and-lodging/lodging/what-rights-do-lodgers-have/

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks