Private lodgers eviction ban?

Private lodgers eviction ban?

9:30 AM, 24th August 2020, About 11 months ago 10

Text Size

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



Comments

by Neil Patterson

9:32 AM, 24th August 2020, About 11 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.

by Smartermind

13:16 PM, 24th August 2020, About 11 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.

by Smartermind

13:18 PM, 24th August 2020, About 11 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!

by Jan Martin

13:03 PM, 25th August 2020, About 11 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 .

by Mr. Shah

11:07 AM, 26th August 2020, About 11 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.

by Praful Soni

23:17 PM, 23rd February 2021, About 5 months ago

I am a resident-owner of property and I have a lodger with an agreement with fixed term date. According to the agreement I had given a months to vacate in January this year because of his very intimidating and violent behaviour but he started arguing and did not leave. I compromised to let him stay another month, hoping he would vacate in February. When I asked him when he expected to vacate he again started arguing and said he is still looking for a room. During February he did not pay the rent. It is now nearly three months since I served him notice to vacate. How can I evict him quickly? From what I have read, I understand that I can change the lock when he is out. If that is legally okay then how do I handle his personal belongings if I change and lock him out. Do I need to inform the police if I intend to lock him out? He spends most of his time in the house and goes out very briefly. Thank you.

by David

17:03 PM, 24th February 2021, About 5 months ago

If you have already served notice on these lodgers, just change the locks while they're out. Don't let them back in to collect their belongings, hand them through a window or agree to leave them outside. If they kick-off, call the police. You didn't need to serve the s21 notice and they won't have an AST even if your contract says its an AST. If they are in your home they are licensees and if you feel unsafe in your own home you can simply exclude them.

by Mr. Shah

9:54 AM, 25th February 2021, About 5 months ago

Reply to the comment left by Praful Soni at 23/02/2021 - 23:17
Dear Praful,

Please change the lock when he and his family is out. No need to worry and afraid about that. it is totally within your right and legal to change the lock. When he comes back, just call the police and in the presence of the police give his stuff back. I was in the same situation couple of month back and I have done the same thing. Please give me your number to discuss further with me.
Regards
Apurva

by Praful Soni

22:17 PM, 25th February 2021, About 5 months ago

Reply to the comment left by Mr. Shah at 25/02/2021 - 09:54
Dear Apurva,
Thank you for your response for evicting a lodger. My number is 07459879056. Can I call tif you let me know by whatsapp/text your convenient time and your number. I prefer to call you when the lodger has gone out. Thank you very much for the assistance.

by Praful Soni

22:22 PM, 25th February 2021, About 5 months ago

Reply to the comment left by David at 24/02/2021 - 17:03
Thank you very much David for the useful tips.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

BECOME A MEMBER