Evicting a lodger lawfully

[pussyfoot]

How can I evict a lodger lawfully. The lodger in question is my ex partner, after we split (on good terms) he had no where to stay and I needed a lodger.
Since this arrangement he has spent most of his time paraletic through drink and in short is a self confessed alchoholic.

He is up to his eyes in debt having signed up to as many credit cards as possible and spent the maximum amount on each (I have creditors phoning me on a daily basis). He NEVER,EVER washes and the smell from his room is disgusting, this stale dirty smell also follows him around the house.
He refuses to leave and says that by law I can't force him out.
My son has just come home from uni and has gone to stay with a friend as he says the smell in the house is stomach churning.

This is a shortened version of the problem as I'm trying to keep things brief.
Please help me with any answers as I'm going out of my head.
Thank you.

[janbee]

change the locks when he's out and leave his stuff outside

[bushbaby_de]

Hi Pussyfoot,

For a live in lodger all you have to do is give reasonable notice, as there is no tenancy agreement - he is living there 'on license' and all you have to do is revoke the license. You can do this at any time and it doesn't even have to be in writing. One week is usually considered reasonable in these situations.

However as it is an ex partner the situation may be complicated if there is any way he can claim an interest in the property, so we may need more info on whether you already owned the house when you met him, when he moved in, what he paid for and contributed towards the house etc etc.

[ummmm]

I presume his name isn't on the house? Do you have a tenancy agreement?

[mccfluff]

does he ever leave the house? i would change the locks when he goes out, pack up all his stuff and dump it outside

[ummmm]

Just to add to what bushbaby has said....he cannot claim an interest if he only paid his share of the mortgage/bills. That is considered living expenses that we all have to pay.

If he renovated the property in anyway, from his own pocket, then he might be able to claim an interest...

[pussyfoot]

It's my house, in my name. I don't really have any formal legal agreement as this was all done in "good will"

[ummmm]

Change the locks then.....

Personally I would give him a 'get out by' date....

[pussyfoot]

He has not renovated the property in any way, if anything he has damaged it.

Would it be concidered legal to throw his property out and change the locks?
I know he has nowhere else to go but that is not my problem, all I want is my home back - smell free.

[bushbaby_de]

You must give him reasonable notice - tell him to be out by next weekend and arrange a locksmith to come change the locks for next Saturday. If he doesn't take his stuff, store it in the garage, charge him for it and give him notice you will destroy it if he does not arrange collection within 7 days. Good luck!

[dragongiraffe]

You dont mention whether your'e an owner-occupier or a tenant yourself.
If an o/o you would, ultimately require repossession order from Court relating to the area of the house you are subletting to him.
If your'e a tenant, do something quick before your landlord comes along & gets shot of you both!

[pussyfoot]

Yes, I am the owner-occupier of the house and he rents a room and shares other facilities i.e. kitchen & bathroom.
So can I not just give him notice of say 7/14 days and then throw him out?

[jb190281]

Under housing law, a tenant who shares accommodation with the landlord is known as an EXCLUDED OCCUPIER.
As previously mentioned on here, the only notice you have to give is "reasonable" notice. So if you think 7 days is reasonable for him, give him 7 days! This can be verbal or written.
If theres no tenancy agreement, you let him stay out of "good will" etc, it should be this simple. If there are any other complications, have a look at this website

http://england.shelter.org.uk/

[pussyfoot]

Thanks jb190281, the website is very informative and easy to understand.
Thank you to everyone who has taken time to answer my question.

[lardhelmet]

Good luck pussyfoot.

[dragongiraffe]

Hi Pussyfoot - As it's your house & in "your name" just "take reasonable steps to ensure he cannot regain access after leaving the property, for whatever reason (ie; change locks).

Re; Reasonable notice - I would argue that his unreasonable behaviour by being ratfaced all the time - amounts to due cause to circumvent any arguement from his side. However you say it's been an amicable arrangement so theres a chance things may deteriorate - take care!

[mollykins]

And then report him to the police if you have evicted him and he either tries to or actually gets back in as he would have no legal rights to enter the property if you haven't allowed him in and he no longer lives there, i'm sure they'd at least warn him for something like breaking and entering (if he gets in) or disturbing the peace or herassment.

[tamborine]

just change the locks while he's out purchasing his booze & leave his property outside. If he kicks up trying to get in, call the police & accuse him of violence, adding you dont feel safe with him in the house.

The cops will remove him............to a cell !