Private lodgers eviction ban?

by Readers Question

9:30 AM, 24th August 2020
About 3 months ago

Private lodgers eviction ban?

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Private lodgers eviction ban?

Hi, I have given a room on rent to a family in my house. They are using a kitchen, bathroom and living space with us. Now they are not paying any rent for the last four months. The normal notice period is one month as per the rental agreement, however, I have served S21 notice to them which expired on 17 August.

Can anyone please advise whether this temporary ban on eviction applies to them as they are lodgers and don’t have any legal rights.

Can I evict them by simply changing the locks?

Many thanks
Apurva


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Neil Patterson

9:32 AM, 24th August 2020
About 3 months ago

From Shelter >> https://england.shelter.org.uk/housing_advice/eviction/eviction_of_lodgers_and_other_excluded_occupiers

Eviction of lodgers during the coronavirus outbreak
The pause on evictions and the new extended 3 month notice period don't apply to lodgers and other excluded occupiers.

Your landlord must still follow the normal process if they want you to leave.

If you have a written agreement, they should follow any terms about notice or ending the agreement.

Your landlord should be flexible and understanding.

Ask for more time if lockdown restrictions mean you can't:

move out safely
find another place to move to
get your belongings out quickly
How long you can stay
If you have a fixed term agreement, such as for 6 or 12 months, you can stay until the end date unless the contract says your landlord can end it early.

Your landlord can give you notice to leave at any time if you either:

have a rolling agreement
never had a written contract
Notice to leave
The new 3 month notice period due to the coronavirus outbreak doesn't apply to lodgers. Check your agreement to see what it says about notice to leave.

Smartermind

13:16 PM, 24th August 2020
About 3 months ago

Apurva, you are mistaken if you think lodgers don't have any legal rights. They do. You have a tenancy agreement, that gives them and you legal rights. Enforce your rights under the tenancy agreement and respect their rights as lodgers (even if they don't respect yours - they may be struggling to put food on the table and not just paying your rent). Don't just attempt to change the locks or you could end up in trouble.

Smartermind

13:18 PM, 24th August 2020
About 3 months ago

Reply to the comment left by Neil Patterson at 24/08/2020 - 09:32
It is ironic that many commentators on this site deride Shelter and yet you quote from their website! They do have their uses then!

Jan Martin

13:03 PM, 25th August 2020
About 3 months ago

Lodgers agreements are outside scope of protection from eviction .
Give notice as required by agreement . Normal 4 week minimun period not required. If you have a weekly agreement then notice only need to be a week .
You do not need a court order .
Hope this helps .

Mr. Shah

11:07 AM, 26th August 2020
About 3 months ago

Reply to the comment left by Smartermind at 24/08/2020 - 13:16
What would you do if your lodger doesn't pay for 4 months even if he is working full time, threatens you every now and then and misuses your resources.


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