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How to remove your lodger..

15 February 2012

Having a tenant is very different from having a lodger as you share the property with a lodger where as a tenant has exclusive possession of the property.

Like a hotel guest a lodger has a ‘license to occupy’ therefore meaning they are excluded from the protection of the Housing Act or Protection of Eviction Act. But don’t be mistaken as there is a fine line between a lodger and a tenant.
A tenant will have their own living accommodation, washing and cooking facilities. If they have a lock on their door this will create a legal tenancy and give them statutory protection. To define a lodger think about whether you: provide clean towels and sheets; clean the rooms or provide meals? Hence being similar to a hotel guest.
Depended on what your agreement is called, whether it be a lodger agreement, license or assured shorthold tenancy, the entire situation would be in consideration. Exclusive possession could back fire on you.
Always try to reach a settlement or negotiate a situation with the lodger, but if nothing can be agreed you have the right to self-evict or apply for an order for possession. Leaving a practical amount of time is essential (which should be said in your agreement). Don’t forget to produce sufficient reminders as the final date approaches. If you decide to self-evict by changing the locks and you predict violence, call the police and have them there for when the lodger returns.
However, keep in mind that evictions are not a criminal matter so the police may not always be present.
Make sure you have the lodgers belongings ready on demand but do not let them back inside without accompanied by the police.

 

 

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