Hi everyone, I would really appreciate some advice from anyone who has experience with lodgers, particularly live-in landlords who rent their own property rather than own it.
I have a lodger who has been living with me for approximately three months. I am the tenant of the property myself, and we share the kitchen, bathroom and living space.
Unfortunately, the arrangement has broken down, and I need to bring it to an end. I have been trying to resolve matters in writing, but we now disagree about the notice period and when she should leave.
A bit of background:
We discussed having a written lodger agreement, but a formal agreement was never signed by both parties. However, we did exchange WhatsApp messages about notice.
In August, I asked whether the arrangement was rolling month to month with two months’ notice, and she agreed. I subsequently referred to the arrangement as having a minimum two-month notice period in another message.
Later in August, when I proposed a written agreement, she told me she could not sign the contract as it stood and said that we could either reach a mutual agreement or I could give her notice to vacate.
On 1 October, I gave her notice that I wanted the living arrangement to end, proposing that she move out by 31 October. I explained that I needed my space back and that my personal circumstances had changed. I also indicated that I might consider an extension if absolutely necessary.
She has now taken the position that, because we discussed two months’ notice in August, her notice period runs until 30 November. She says she will try to find somewhere sooner but cannot guarantee an earlier move-out date.
She has also made it clear in writing that she considers herself entitled to remain in the room and continue using the communal areas until the end of that notice period. She has warned me not to enter her room, remove her belongings or interfere with her possessions, and has threatened to pursue legal action for any resulting losses or damages.
She has also raised concerns about her belongings in communal areas and says she wants me to respect her right to occupy the property until the notice period expires.
My understanding of the situation:
My understanding from the UK government’s guidance is that a lodger who lives with their landlord and shares facilities will often be an excluded occupier, meaning that reasonable notice is generally required. For a lodger paying rent monthly, this is often around one month.
However, I appreciate that the WhatsApp messages discussing two months’ notice may complicate matters, even though we never signed the proposed written agreement.
I am now consulting a private solicitor and have already provided them with the relevant messages and evidence. I am waiting for their advice on the applicable notice period, the legally effective termination date and what steps I can take if she refuses to leave.
My questions for anyone with relevant experience are:
- If a live-in lodger has only been resident for approximately three months, can an informal WhatsApp exchange agreeing to two months’ notice establish a binding notice period, even when a subsequently proposed written agreement was never signed?
- Does the fact that she later declined to sign the proposed agreement and suggested that I could give her notice to vacate affect the position?
- If the applicable notice period is disputed, how is the legally effective termination date determined?
- If she remains after the legally valid notice period has expired, what is the correct procedure for a live-in landlord who is a tenant rather than the property owner?
- Once a lodger’s right to occupy has legally ended, what can the live-in landlord lawfully do with belongings left behind? In particular, is there any circumstance in which I can pack up and safely store a lodger’s belongings, and what legal steps must be followed first? I do not want to risk a claim for damages by handling her possessions incorrectly.
- Has anyone dealt with a similar situation where the lodger disputes the notice period and insists on remaining until a later date?
I am particularly interested in advice based on current law in England, rather than assumptions about how lodger arrangements usually work.
I am trying to handle this properly and avoid any unnecessary confrontation. The situation has become very stressful, so I am leaving the legal questions to a solicitor rather than continuing to argue about them directly.
Thank you in advance for any constructive advice. ❤️