Which possession proceedings?
Is the renter someone who lives in the landlord’s home and shares living accommodation with them?
Answer:
In these circumstances, the renter will be a lodger, and the accommodation will not be subject to the rules which apply to occupation contracts. Always provided that you have not served a notice on the lodger stating that the accommodation will be an occupation contract (which hopefully you have not done).
The requirements are set out in more detail here.
Section 3A of the Protection from Eviction Act 1977 (which is the act which requires landlords of residential occupiers to evict occupiers through the courts) provides that tenancies or licenses where lodgers share living accommodation with their landlord, or a member of the landlord’s family, are known as ‘excluded tenancies or licenses’ and do not need to get a Court Order for possession.
So evicting lodgers is a lot simpler.
The procedure is explained in more detail on our free Lodger Landlord website.
- You will find guidance on how to evict the lodger here
- You can buy suitable letters on the Your Law Store website here.
