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Evicting a lodger in a sublet - where do I stand legally?

(12 Posts)
threefeethighandrising Mon 18-Jul-11 22:38:03

Some lovely mumsnetters have been helping me draft a letter to evict my arsehole of a lodger. (Thread here if you're interested).

However it's been quite rightly pointed out that I need to be on firm ground legally. It's complicated by him being on holiday. Does anyone know where I stand legally?

About the lodger:

- he was due to pay rent on the 3rd of this month
- he went on holiday just over a week ago
- after he went we found out he hadn't paid the rent
- he's due back in about 10 days

About the flat:

- the flat is rented in my name and DPs. We sublet 2 rooms
- we have no written contract for the sublet rooms
- the verbal agreement was that our tenants pay a deposit of a months rent, which they get back by not paying rent in the last month

- the deposit has nothing to do with damages. It's simply there so that we get a month's notice so we can find someone new to move in

I want to write him a letter he'll get while he's away, asking him to leave basically. As he hasn't paid his rent am I within my rights to take a months notice from when the rent's due? Or is it from when he receives the email? Or when he gets back? Or doesn't that matter as there's no written contract?

I won't have time to ring CAB until the end of the week, any help will be much appreciated smile

threefeethighandrising Mon 18-Jul-11 23:09:58

OK, here's the short version!

What rights does a tenant who's subletting a room have if they don't have a written contract and haven't paid their rent?

annh Tue 19-Jul-11 00:40:06

Are you legally allowed to sublet? I am guessing not!

threefeethighandrising Tue 19-Jul-11 01:02:04

You are legally allowed to sublet actually. It's only illegal if you've signed something which says you won't, and we haven't. In fact our landlord knows we are subletting and is happy with it.

threefeethighandrising Tue 19-Jul-11 01:03:46

Our landlord would rather deal with fewer people. As long as the money is in the account he's happy. He doesn't want to deal with exactly the kind of thing we're dealing with right now! So it suits him. We always make sure all the rent is covered, so he's happy.

JarethTheGoblinKing Tue 19-Jul-11 01:07:33

I would guess very little! If there is no contract and no legal right to the property, then give him his notice.

threefeethighandrising Tue 19-Jul-11 01:20:08

Tenants do have rights in law even without contracts, I'm sure. I'm just not sure what they are!

JarethTheGoblinKing Tue 19-Jul-11 01:27:14

Squatters rights, perhaps?

If you tell him to feck off, how will he react?

nojustificationneeded Tue 19-Jul-11 01:48:21

Message withdrawn at poster's request.

IDontDoIroning Tue 19-Jul-11 06:15:57

IDontDoIroning Tue 19-Jul-11 06:28:05

threefeethighandrising Tue 19-Jul-11 19:22:54

It looks like basically his rights are very limited. We have to give him "reasonable notice" but the law doesn't seem to say what that is, so it could be fairly short.

He's not going to be om the street, his mum lives just down the road for a start, which is where he was before he came to us.

I just hope he doesn't want to be difficult.

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