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RJM Law
RJM Law, Lawyer
Category: Property Law
Satisfied Customers: 3765
Experience:  LL.B (Hons)
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I would like to ask if the notice/email attached legally

Customer Question

I would like to ask if the notice/email attached legally qualifies for the eviction of an excluded lodger email eviction.png.Background:
I was travelling at the time of serving the notice, does that affect the notice being legal? I have also attached a copy of the original tenancy agreement Karim 93 Rustat_signed.pdf.Some background. I live in the property, and often travel. When I travel I also sublet my room. During the covid period, specifically from April 2020, I lived at a different address. The address I lived at belongs to a landlord who asked me to watch over it, so it is not my legal home, but over the covid period the house I normally would live in (with the lodgers) was too crowded, and the owner of the other house allowed me to maintain it during the lockdown period, so I just crashed there for safety. However, in May 2021 I moved back to my normal house briefly before travelling again. But I have now been back home for almost 2 months, and would have been sooner if the lodger moved out on time, but her refused to leave. This is because I had the other rooms rented and was going to move into his room on the eviction end date.
Submitted: 8 days ago.
Category: Property Law
Expert:  RJM Law replied 8 days ago.

Hello, and thank you for choosing our service today.   I am the expert who shall assist you with this matter today.

Please note that our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.  If you do not receive a response immediately, please be advised you will receive one by the end of the day

I will be able to provide you with guidance in relation to your question.  However please note this does not form a professional client relationship and we cannot provide representation, however, I would be hopeful that my guidance will be able to assist you.

Thank you

Expert:  RJM Law replied 7 days ago.

So long as they are only a lodger and you provide at least 4 weeks notice in writing, then yes, the notice will be valid.   The notice for a lodger is different from a tenant, if they are legally considered a tenant, this notice would not be valid, however if they are a lodger as you have suggested then yes.   If they refuse to leave, you would require to take court action to remove them.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

https://www.lawsoc-ni.org/solicitors (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 7 days ago.
Hello,Thank you for your response. The main issues I wanted to clarify taking into account the contract:1 - Does the email I sent tick the legal boxes to count as an eviction notice.
2 - Does my travelling, and staying at a different address during covid affect the lodger status? I was at a different house from April 2020. It was a house I was fixing up for a landlord so I was able to stay there free, over the covid period because my house was too crowed during the covid period.
Expert:  RJM Law replied 7 days ago.

Thank you if they are a lodger you have provided written notice.  In terms of your travelling and legal status i.e. lodger / tenant I would have to assess.

Customer: replied 7 days ago.
Thank you very much, I look forward to your response
Expert:  RJM Law replied 6 days ago.

Did you receive my advice above?

Customer: replied 6 days ago.
I thought you were going to assess and give your option based on what I had said
Expert:  RJM Law replied 6 days ago.

In order to assess the situation I would need more information and can offer an additional service to do this if that would help.

Customer: replied 6 days ago.
I feel/think I have provided all the information:
1 - The tenancy contract
2 - The eviction email
3 - My whereabout and living situationTo summarise my whereabouts:
- I lived in the house before the lodger moved in.
- I was living in the house for the first few weeks when the lodger moved in
- Covid constraints and an opportunity to live with less people for free was available, so I moved to another house from April 2020 to May 2021 which is when restrictions were more lax.
- I then moved back into my normal home from the last day of May 2021 to a few days into July 2021 before travelling away for 2 months
- When travelling away is when I gave the lodger the notice.
- On my return I returned to my home.
Expert:  RJM Law replied 5 days ago.

If  you would like me to offer a service to assess this (I would need further information) I would be happy to do so.