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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 26408
Experience:  Senior Partner at Berkson Wallace
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My friend lets her spare room, usually as an Airbnb. She now

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My friend lets her spare room, usually as an Airbnb. She now has someone that wants to rent her room for 55 days. Can that person acquire any tenancy rights
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: Bournemouth, South England
JA: Has anything been filed or reported?
Customer: At the moment my friend merely has a request to rent sent by someone in Holland
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so at this stage

Hello. Thank you for the question. It is my pleasure to assist your with this today.
I have been in the legal profession, in high street practice, for 30 years so I have wide range of experience in a great many different aspects of law.
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.

Can i clarify that she does this in her own home?

and why does this person want to rent for 55 days?

Customer: replied 7 days ago.
My friend owns her property and the prospective tenant is coming over to UK because her daughter is doing a language course at Bournemouth and the mother does not want her to be on her own.
Customer: replied 7 days ago.
I feel my simple question should be capable of being answered in an online chat

Her rental contract should state specifically that they require no rights and it’s important that there is rent paid.

If your friend is living in the property, even better. It becomes problematical, provided she lives in the property and provided some facilities are shared such as a bathroom et cetera, then the person is no more than a lodger and if rent is paid weekly, then your friend only needs to give one week’s notice and if the person doesn’t leave she can actually unlock them out provided she gives 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

It can be more problematical if she doesn’t live in the property and they don’t move out. It does happen.

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

Stuart

Customer: replied 7 days ago.
My friend lives in a property which has a single lockable front door which leads into a hallway from which is a studio apartment which she rents, and her own (separate) accommodation through a further lockable door. The studio has its own bathroom and kitchen so that nothing is shared with my friend. My friend has an idea that after 28 days a tenant can acquire some tenancy rights. Is this the case? Otherwise, after 55 days can she just place the tenants belongings outside the front door and lock the door behind her?

There is no 28 day rule that I’m aware of.

Let it for 27 days.

One day off.

Another 27 days.

In order to be able to place the tenant lodgers stuff outside the door and evict the tenant without a court order, she has to share some facility.

You said that she rents a spare room initially. Now you said that she has separate accommodation.

So what is extremely relevant is whether she lives in the same property which it appears she does AND whether she shares some accommodation because if she shares nothing, then if the person decides they are not leaving, she needs a court order to get them out.

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

Can I help you any further with this?

I'm happy to clarify anything which is outstanding. Please don't hesitate to ask.

Kind regards

Stuart

Customer: replied 7 days ago.
Thanks for your help Stuart.

Hello again.

If you don’t have any further questions, I will mark this question thread as complete but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

By the way, if you would like to ask me a new question in the future, (not just clarification on this thread, then please just type @ (the at sign) followed by my name and you’ll be able to select my username to tag me in the question.

If you like, you can also put “For Stuart J only” in the question thread and then the other experts will know that it’s for me.

You can also tag me as one of your favourite experts.

Thank you

Kind regards.

Stuart

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