A household member rented a spare room on a short-term, rolling basis and paid an upfront deposit and rent. The lodger moved into a six-bedroom family home where multiple family members and visitors were living and sharing kitchen and bathroom facilities. Complaints arose about the lodger’s behaviour, recording activity and threats to make a regulatory report to the local authority. The landlord received a recent letter from the local authority.
Determining the occupier’s legal status where the landlord and family share living accommodation; establishing whether the lodger is an excluded occupier with limited tenancy protections; assessing whether selective licensing of the property is required; and framing a prompt, legally effective route to remove the lodger while protecting the landlord’s position with the local authority.
Counsel advised that the occupier appears to be a lodger and therefore an excluded occupier, allowing the landlord to give reasonable written notice (one month on a rolling arrangement) and effect a peaceful eviction if the lodger refuses to leave. Counsel recommended serving a formal notice to quit by hand and confirming service by text, preparing to change locks or otherwise effect peaceful removal if the lodger fails to vacate, and corresponding with the local authority to assert that selective licensing does not apply and to request future communications be directed to counsel.
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