Lodger becomes accidental tenant?

by Readers Question

11:05 AM, 11th June 2018
About 6 months ago

Lodger becomes accidental tenant?

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Lodger becomes accidental tenant?

My friend came to rent a room from me on an all inclusive basis. I then moved out after 1 year to live with my boyfriend and rented out 2nd room in my flat. My friend’s son came to stay …& stayed.

Creating an HMO wef April 2018. I told friend that her son had to go and I was told she would be leaving with him. I gave written notice on April 30th to leave on June 30th and son a letter 30th May saying not a permitted occupier, no right to be in property etc and leave by June 30th.

The 2nd tenant has now left the property and the room is secured by lock to prevent its use.

Is my friend to be treated as a tenant? Nothing was ever put in writing.

The rent amount was always changed verbally ( I have reduced it in past & put back up again) and let her move into my room as bigger when letting 2nd room etc.

How do I evict her if she does not move out voluntarily? And her son?

Many thanks

Susan



Comments

Neil Patterson

11:08 AM, 11th June 2018
About 6 months ago

Hi Susan,

They can only be a lodger while you live in the property so it looks like you have created a tenancy.

If it does go wrong you are going to need professional assistance. Please see >> https://www.property118.com/evicting-tenants/

Alison King

12:33 PM, 11th June 2018
About 6 months ago

My inclination would be to move back in until such time as the unwanted tenant has moved out, thereby re-establishing the lodger relationship.


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