Evicting a Lodger - Where does she stand?

if there is no contract I'd have thought they could be classed as trespassers, Crippen will be a long soon he'll know the ins and outs for you

Well I don't think they have any right to stay there at all.  Pretty sure you could just call the police and accuse them of trespassing.  Or just collect all their stuff and chuck it out.  Need to give them a day and time and stick to it.  Not easy if you are an OAP who perhaps doesn't have the muscle or forceful personality.

Cheers Burton, I will wait to see what Crippen's advice is.

Thanks for your advice Rob. It does sound like they are trespassing to me too. My mother's friend is a Cristian lady and an OAP so I'm not sure she could handle much confrontation.

Try the Citizens Advice

Change the locks, simples

I thought as well (and this is just my understanding) that if it's YOUR actual home, you can kick unwanted people out pretty d*mned easily? Even just lift the phone and phone the police?

Very different if you just own it but don't live there as a landlord. But try the CAB as TaC says.

I knew someone once who had Romanian's who broke in and claimed squatters rights a few years ago, managed to change the locks too, police said there was nothing they could do, 3am, their neighbours let the owners next door go through their house to their back garden where they broke in and beat the living daylights out of them, tied them up and kept them there for 48 hours, then around 3am again, bungled them into a van, blindfolded them, took them to a canal, took off wrist restraints, told them there were on a cliff edge, made them beg for mercy, then pushed them in.

Never mind legalities whipping, a home is very personal, to abuse her warmth and kindness and to violate her personal space by refusing to leave calls for unorthodox measures - for the very least to teach them a lesson, they could do it to someone else.


this may be of help

Squatting is when someone deliberately enters property without permission and lives there, or intends to live there. This is sometimes known as ‘adverse possession’.

Squatting in residential buildings (like a house or flat) is illegal. It can lead to 6 months in prison, a £5,000 fine or both.

Anyone who originally enters a property with the permission of the landlord is not a squatter, eg if you’re renting a property and fall behind with rent payments you’re not squatting if you continue to live there.

Although squatting in non-residential building or land isn’t in itself a crime, it’s a crime to damage the property.

It’s usually a crime not to leave land or property when you’re instructed to do so by:

the owner
the police
the council
a repossession order

sqautters rights law changed two years ago

I knew someone once who had Romanian's who broke in and claimed squatters rights a few years ago, managed to change the locks too, police said there was nothing they could do,

The police were wrong.

The law changed years ago, not two.
 
It's not squatting if they broke in, it's trespassing.

Squatters can only gain access by an open window or an open door.

cmat the house was not being occupied as the tenants were staying elsewhere whilst their home was undergoing building works for an extension, when I say broke in that's what I call going into someone else's home uninvited, one of the labourers managed to get key cut in the lunch hour, squatters rights did change two years ago, it wasn't a criminal offence before 2012 and it didn't carry a prison sentence or £5k fine like now

This is an odd one.
Well straight away they're simply lodgers they do not have security of tenure.
They have no legal right to stay on if told to leave.
I don't know how much notice they're entitled to if any.

I'd give them written notice to get out and then call the police if they're still there.
If the police don't want to know, they'll have to take them to court.
The court would certainly rule in your favour and make a court order for them to leave.
Show them the forms from the court that you will have to fill in to start the action and tell them they'll be liable for all the costs involved.
That should be enough to get rid of them

All she has to do is go to the police station explain it..............say that is now friction & she is WORRIED ABE HER SAFETY.......................end of................

cab imo
if you did chuck their stuff out and they were classed as legal tentants you will get convicted....so find out 1st...then go through the correct process.

F*k the legal process.  Give them a day to get out and then use force.

Yes the first stop is the police but it depends on which one you get. Half of them will try and fob her off that it's a civil matter.

Ozymandius   
16 Dec 14 19:31 
F*k the legal process.  Give them a day to get out and then use force.

The keyboard warrior strikes

LOL I liked the story from scandanavian_haven re the lesson given to romanian scum, that's positively warmed my heart for the evening.

One thing I read ages is that instead of claiming squatters rights they'll whip out some fake tenancy agreement and try and claim they rented in good faith thinking it was a furnished property etc.

The thing is CMAT you might not get away with it England these days, but in Ireland the Gardai are much more pragmatic and let you get on with things.  Its not a bad system.

seriously dont fk the legal process

you will get a conviction....even just for dumping their stuff on the pavement if they are deemed to be legal tenants.

Yeah legally uou can get rd easy. I generally agree 3 weeks notice.
But as it has already been way beyond that, you just need to go round and tell them to move out.

They couldn't be deemed to be legal tenants. They are, at best, lodgers.

Call the police. End of story.

A better answer to the fthread header would be - In The Road

A better answer to the fthread header would be - In The Road

On her own two feet? Yes? -

Its always a 'friend' their asking for when asking for controversial advice on the forum, such as, throwing people out on the streets.

DOES THIS MEAN MY MAM CAN THROW ME OUT WHEN SHE WANTS TO ,I HAVE NO CONTRACT SHE JUST TOLD ME 14 YEARS  AGO I COULD STAY UNTILL I WANTED WHEN MY EX WIFE TOLD ME TO LEAVE,I HOPE SHE DOESNT READ THIS THREAD

Of course she can throw you out.

The fact she doesnt means you are lucky.

possibly but not necessarily ;)

If they're not paying rent, they ain't tenants.  They would be licensees with very limited rights.  I reckon she's already given them reasonable notice to leave and I'd get the locks changed as soon as (if they ever go out).

from memory if the landlord/lady is living in the property there are slightly different rules.

id check with cab and if there is a chance of confrontation then get the police around.

problem is if they have handed over any money that can be seen as an agreement or then its down to a verbal agreement.
no way will the old dear be able to claim they werent living there under some form of agreement.

my guess is the cab will say the best case scenario is a 14 day notice.
section 21 may not have to be served............thats best case which would then just mean a court order which could take upto 2 months and then the 2 week notice period from that.

worst case would be the section 21 which would add another 5-8 weeks plus a week or so to that.

i know this because a mate was getting evicted recently froma  landlord who never paid any tax and never put the deposit in a government scheme....if they dont do that they can find it hard to evict legally.

bit unfortunate that she's looking to boot them out with Christmas around the corner. If they're called Mary and Joseph, the press will have a field day.

Tell your mums friend not to wash....They'll be gone in no time

section 21 may not have to be served............thats best case which would then just mean a court order which could take upto 2 months and then the 2 week notice period from that.

That's not applicable in this case.
Section 21 is for proper tenants.

Lodgers with no contracts have very few rights at all.

Guests that refuse to leave then become trespassers and trespassing is a police matter.

http://www.landlordzone.co.uk/content/lodgers-and-the-rent-a-room

^ That's useful.

Bearing in mind that there is no agreement in writing or other in this case. Which makes the notice period quoted there invalid.

What is the postcode here? And house number?
Wouldn't want to see a couple thrown onto the streets at Christmas.

What difference does Christmas make?

The toe-rags weren't bothered about ruining the old lady's Christmas after she's been kind to them?

Are there no prisons are there no workhouses?

From GOV.UK

The lodgers are excluded occupiers

Your lodger is likely to be an excluded occupier if:

    they live in your home
    you or a member of your family share a kitchen, bathroom or living room with them

In this case, you only have to give them reasonable notice to end the letting - and you won’t have to go to court to evict them.

There was a film made about this: Junkhearts ...sort of

so serve them 14 days notice as that is reasonable.

a court will use 14 days in their bailiff evictions

What difference does Christmas make?

Have you denounced your faith Crippen, i knew that it didn`t sit right with you.

property118 website may give you some real good help.

Have you denounced your faith Crippen

What faith?

Thanks for all the posts. I've passed them on and I pointed out the post about changing the locks being my favoured course of action. That way if the get aggressive and try entering her house she can just call the Police and they can't ignore her like they probably would if she went and reported them about not leaving her house.

Cheers guys.

What faith?

You are a Christian or have you forgotten?

AG,
Somebody has been leading you up the garden path.
You don't need faith to be a Christian.

Ok so in what way are you a Christian Crippen?

What is your Christian philosophy? i will strap myself in for this one.

AG,
I've told you once.

Was that on the thread were you admitted to being a curb crawler?

Is that in the New Testament?

AG,
Surely it's people like you who have to pay for stuff like that?

I'm a Christian.

AG, you must be the easiest bloke to beat on here these days.

I'd calm down if I were you.

Two posts on the bounce Crippen, you have been exposed old boy.

Have a nice day.

That soon got him back.

And now he's running away.