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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Excluded contracts/ Lodger agreements and ending them

9 Sep 2021 | 4 comments

Lodger agreement (Excluded Licence, F006 07/19).

Start date: 01/08/20 (with 5 weeks deposit).

Issues: despite being well paid, lodger is persistently tardy with rent and with reimbursement for proportion of utilities.  It seems that he has now run out of his many imaginative excuses and now simply avoids me & doesn’t bother to respond to comms at all!  As of today, rent is now current; bills reimbursement is 9 days overdue with more due on 14/09.  I had just begun seeking a replacement lodger, intending to serve 1 month notice when I secured at alternative.  This morning an envelope stamped with a debt collection agency logo arrived for this lodger.  I think it prudent therefore not to wait.

My questions please:

1: given that we do not have an AST in place, which process is best for me to use to get shot of him?

2: what grounds if any must I state?

3: what do I do if he refuses to leave?

4: are there any issues with me providing Excluded Licences (as apposed to ASTs) for furnished units within my own home which each enjoy private bathroom facilities & food preparation areas all effectively self-contained BUT, have the addition of communal space (living room and kitchen) AND the provision of services provided by me (cleaning & laundry, hence no exclusive rights?). NB. Communal areas have mostly not been utilised since covid and historically some lodgers preferred never to utilise these areas however, they were used by some and do remain part of their agreements.  Any advice gratefully received.

Answer

4 Comments

  1. guildy

    Firstly, we agree from what’s described that the lodger agreement is correct as long as they share “accommodation” with the landlord (or at least have the ability to do), then they are lodgers.

    Our agreement is one months notice without any reason or less if there’s a breach. Even though there is probably a breach from what’s described, the one months notice without reason will be best and easiest.

    This is just a simple letter and we have a template here.

    If they refuse to leave, you can peaceably change the locks (as long as not in the room at the time) or, you can obtain a court order if you prefer. See here for more details.

  2. bdixon

    Brilliant thank you! I shall do. I plan to also inform the guarantor to seek financial redress. Should I do so immediately?

  3. guildy

    You could speak with the guarantor to explain the position if you like and that there might be a claim soon if payment isn’t made.

    That might cause an intervention which may lead the occupier to leave without too much fuss.

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