Evicting a lodger lawfully

[quietasamouse]

How can I evict a lodger lawfully. The lodger in question is my ex partner,

I am a tenant and i know it is wrong but he is not down on my tenancy agreement hence the reason why i am asking for help

We fall out a lot of the time and i am always asking him to leave as i have had enough of the squabbles, to which i hate having as i have a child here which is not his child.

I have asked him several times in the past to leave but he always turns things around and makes me feel like i'm the one in the wrong, using words like "i can lawfully live here etc.

For over a year now he has been unemployed and living at my home for free, and i am fed up with supporting him as he is much older than me. He spends his time on the internet talking to complete strangers, and sometimes inviting them to my home without asking me first.

His sleeping patterns are the opposite to mine. We don't go anywhere together and do nothing together and there is no affection on his behalf. He has to be moaned at to do housework while im at work full time. The only thing he does help with is looking after my child whilst im at work or when i decide to visit friends.

I am scared of asking him to leave as he can get a bit violent at times as he has done so before.

I just don't know what to do for the best, can someone please help?

Thank you.

[dotty.]

How can he say he can lawfully live in your propery when he is not on the tenancy, does your tenancy agreement allow you to take in lodgers? I assume he pays half the rent.

[dotty.]

Has he claimed housing benefit and council tax benefit to pay his share of the bills?

[jackthehat]

He's not a 'lodger' in any real sense of the word.

I suggest that you contact your Local Community Police Support officer and explain that you'll be asking your boyfriend to leave on a certain date; arrange for your child to be away for that weekend and then tell him he has 48 hours to sling his hook.........and that the Police are aware of the situation and are prepared to 'escort' him out if he doesn't go quietly.

[redcrx]

is this a private rental or are you in housing association property? if the latter they may be able to help you evict him

[quietasamouse]

I'm not sure if it says i can take in any lodgers i would have to check that, he has never claimed any housing or council tax benefit and whilst here at my home. When he was working he only paid for the shopping and the internet before i took over it.

It is a housing association property, but i don't think i could contact them in case i get into trouble.

[quietasamouse]

he doesn't pay a thing now he doesn't get any money at the moment.

[dotty.]

The housing association will more than likely be very supportive of you if you contact them and ask for their help with this. If they cannot do anything legal about it themselves i am sure they can point you in the right direction, if he is not signing on and claiming income based JSA he should apply for ESA but iof he is not on your tenancy he cannot apply for Hosuing benefit as he does not have an official status. He has probably had his JSA stopped because he would not comply with their rules. He is a freeloader. Only buy your food for yourself and your child on a daily basis and only buy enough for the 2 of you he should support himself.

[jackthehat]

You haven't taken in a lodger............you let your boyfriend move in. There is a difference.

[dotty.]

by the way, do you share the same bed as a couple or is he in a spare room?

[themas]

Ring the Shelter helpline (they normally deal with things from the point of view of tenants whose rights need to be protected, but they do also cover the other side of such issues). They will tell you how to go about this legally. Alternatively, go to your local CAB

In either case, look at youre tenancy agreement beforehand, & find out what it says about other people living with you who are not on the agreement. There is bound to be something there about it.

[themas]

Shelter is here:

http://england.shelte...using_advice_helpline

[quietasamouse]

no we don't share the same bed he sleeps in the spare room

[quietasamouse]

just looked at my tenancy agreement and it says that i am allowed to take in lodgers in subject the the trusts consent and if that lodger was to move out i would have to ask permission for a lodger to move back in.

[quietasamouse]

Thanks for all your help and advise. I appreciate it!!!

[lcg]

lodgers have no rights, really. shelter say:
If a lodger shares facilities such as the kitchen and bathroom with the landlord, s/he will be an excluded occupier. Excluded occupiers have very few rights. The landlord will only have to give reasonable notice, which could be a very short amount of time, in order to evict them. If you don't share facilities, the person renting the room is a sub-tenant (different thing entirely).

now.. the problem you have is: was he an ex at the start of the agreed sub-let? if so, next time he is out, change the locks and put all his stuff outside the front door and text him to let him know what you have done. i sounds like he has taken the p!ss for long enough. any whiff of trouble, call the police immediately, tell them he has been violent before and you are scared. that is your legal right and you DO have a legal right to your own home. you also do not need to take his crap (and it is crap - in all states you have described) one minute further. it may also help to have another friend with you at the time to be witnes to proceedings for your sake. my hubby use to be a homelessness officer, so this is the correct legal (and moral, might i add!) advice. do not delay in sorting out some freedom for you and your child.and to think you are supporting him as well! what a waste of space...godd luck x

[lcg]

btw...DO NOT involve your housing association unless you have to. you could be found in breach of your tenancy if you admit to having a lodger...they may assume you have been making a packet in rent from their property. DO however, use the police, friends and CAB or shelter for advice if you need to. booting him out on his arse is your best option, and your legal right. x

[bushbaby_de]

Tell him he's on a week's notice and put it in writing, to cover yourself. If he doesn't move out within a week, then do what the others have said and change the locks and box up his belongings for collection.