Lodger rights at the current time?

by Readers Question

13:23 PM, 30th March 2020
About 6 months ago

Lodger rights at the current time?

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Lodger rights at the current time?

What are lodgers’ rights at the moment?

Can their landlords give them a weeks notice as usual, and throw them out onto the streets with nowhere to go? The council isn’t even open!

Can someone who knows please clarify this?

Thank you.

Marie



Comments

Neil Patterson

13:28 PM, 30th March 2020
About 6 months ago

Hi Marie,

I can't unfortunately see any specific government guidance for Lodgers in their latest release for Landlords Tenants and Local Authorities. >> https://www.property118.com/full-government-covid-19-guidance-for-landlords-and-tenants-published/

Andrew Turner - Hughes Paddison

9:40 AM, 31st March 2020
About 6 months ago

Marie
I would suggest that in the current climate, and in light of the Coronavirus Act, most County Court judges would find it extremely hard to resist granting some form of injunctive relief permitting the lodger to reside in the property until 30 June. But that prospect is of no immediate assistance to the lodger who will be out on the street. How feasible or practical is it for that homeless lodger to make a Court application? It may be that Shelter would be able to assist in those circumstances.
Regards
Andrew

Sue J

9:53 AM, 31st March 2020
About 6 months ago

Reply to the comment left by Neil Patterson at 30/03/2020 - 13:28
Hi Marie
My understanding is that if the lodger is a licensee (shares your home with you including kitchen shared facilities and it is not in an 'independant' flat/unit with its own washing/kitchen facilities) then you can ask them to leave on short notice. Whether you would want to do that or not will depend on why you would want to give quick notice. The governments recent advice appears to be covering AST tenancies and not licensees. Licensees have always had reduced rights but you need to be certain that they 'live' with you rather totally separately. My advice is to check out with a solicitor how the tenant/licensee lives currently with you first before doing anything. I am not a solicitor so please be aware that any advice is based only on the last 35 years experience in the housing market but we are facing a moving target at the moment so get everything covered by good legal advice as it will save you months of later wrangling if you get it wrong! Good luck and keep safe out there.

moneymanager

10:16 AM, 31st March 2020
About 6 months ago

Reply to the comment left by Sue J at 31/03/2020 - 09:53
All correct I'm sure although "but we are facing a moving target at the moment" could be repurposed as "we are a moving target at the moment".......still a good idead to make sure that WE have everything covered IFYKWIM!

Marie

12:01 PM, 31st March 2020
About 6 months ago

Hi. Thank you for your comments. I am actually the lodger and I was given a month to leave which runs out today. My next place fell through, so I have nowhere to go. The police told me they would intervene if the landlord tries to remove me using violence, as he has threatened to do. He was very drunk last time and was intimidating me. He went off camping the following day and is still away, and I haven’t heard from him, even though I paid him extra rent to last until 11th April. I think he asked me to leave as he could get more money by using air bnb again, but currently that would be extremely difficult.


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