Lodger Eviction
The client is seeking to remove a lodger from their property located in an urban area in the United Kingdom. The lodger is under a written agreement which commenced in 2024 and is set to end in 2025, spanning a fixed term of several months. The agreed monthly rent is approximately £1,200, with the lodger having made advance payments for the initial two months. The agreement includes all bills and utilities, except for gas and electricity. The client, as the main tenant, retains the right to enter the lodger's room with reasonable notice for specified purposes.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat is the process for legally evicting a lodger with a written agreement?
To legally evict a lodger with a written agreement, you must follow a straightforward process since a lodger typically doesn't have the same rights as a tenant. Begin by providing reasonable notice, preferably in writing, and adhering to the notice period specified in the agreement. If no notice period is specified, a reasonable period, often four weeks, may suffice. If the lodger refuses to leave, further legal action may be necessary, such as obtaining a court order for possession.
Are there any specific notice periods or requirements to end the lodger's agreement?
To end the lodger agreement, you must provide reasonable notice, which is generally equivalent to the lodger's rental payment period—in this case, one month. If there is a written agreement, it's advisable to follow the notice terms specified within it, if any. Ensure that the notice is clear, outlining the date by which the lodger must vacate.
What rights does the lodger have during the eviction process?
During the eviction process, a lodger has certain rights, including the right to quiet enjoyment of the property and protection against unlawful eviction or harassment. To ensure compliance with legal obligations, provide reasonable notice when ending the agreement, respect the lodger's right to privacy, and adhere to any terms outlined in the written agreement.
Can I change the locks if the lodger refuses to leave after the notice period?
Changing the locks or taking any other self-help measures to remove a lodger without following the correct legal procedure can be deemed unlawful and may constitute an illegal eviction. It's important to adhere to the agreed notice period and then follow the appropriate legal process.
What should I do if the lodger disputes the eviction or refuses to vacate the premises?
If the lodger disputes the eviction or refuses to vacate, it's advisable to try to resolve the issue amicably through discussion. If this fails, you can serve them a written notice to quit. If they still refuse to leave, you may need to apply for a court order for possession.
The lodger has breached the contract by refusing to let the main tenant enter the property.
Refusing entry can be a breach of the agreement if the contract allows the main tenant reasonable access. If the lodger has denied this right repeatedly without valid reason, it may constitute a breach.
Can a lodger claim to be a tenant?
A lodger typically occupies a room within a property where the main tenant also resides, which means they do not have the same rights as tenants. The lodger agreement typically defines this as a licensor-licensee relationship rather than a landlord-tenant one.
