Unlike tenants, boarders and tenants do not have the right to exclusive occupancy of the premises – the landlord retains control of the premises. Assuming you have sent a written message to your tenant, once the exit date has expired, you will automatically be taken back into possession. There is no need for a court hearing or a job or follow-up case, legally. Also note that the property must have been his primary residence for the duration of the tenant`s residence there. If you decide to act without legal advice and your right to dislodge a tenant in this manner without a court order (either by the tenant himself or by a legal adviser on his behalf) is called into question, you inform him that your legal authority is included in Section 3A (2) of the Protection from Eviction Act 1977. Maybe you want to get your tenant to leave for whatever reason, they feel more comfortable living alone, or they no longer need the extra money. If the tenant refuses to evacuate, you can change the locks and contact the police for help. 3. If she comes back lodger, you refuse to let him in.
If you think it`s likely going to cause trouble, make sure the police are there (it may be a good idea to fix it anyway). The police should participate if you tell them that you expect a break in the peace. If the police are not involved, make sure you have someone else with you to act as an independent witness. The tenant is considered an infringement of the landlord`s property if he stays instead of renting at the expiry of a temporary agreement and notice. In such cases, the owner is entitled to a court decision. But the threat to the tenant or the use of physical force can be considered a crime even after the expiry of the tenant contract. If in doubt, legal advice. If the court decides that it has the power to deal with the case under the Residential Tenancies Act 2010, then you are a tenant.
If not, you can be a boarder/Lodger. In most cases, the tenant leaves the date indicated in the message or before the date indicated. However, if they refuse to move, you may need to evacuate.