Q: I HAVE a lodger who has been sharing the house for the last 3 years. How much notice do I have to give, one month or two?

A: This has been addressed recently in a Court of Appeal case which illustrates well the same situation which you have. The case is Gibson v Douglas & Anor dated 8 December 2016. The tenant Thomas Gibson was seeking Protection from the Eviction Act 1977 after first moving in with Mrs Douglas in 2008. The situation changed in 2012 when the licensor Mrs Douglas was omitted to hospital with dementia. Though she did not wish to return as she claimed that Gibson was violent towards her, though this was dismissed by Gibson who claimed that he was more than just a lodger. Mrs Douglas son concerned about the allegations moved into the house to sort the matter out and contacted the police who attended the property and a ‘fracas’ erupted resulting in Gibson being escorted to the local police station.

Gibson then started proceedings in the county court against Mrs Douglas son for unlawful eviction. Unlike an Assured Shorthold Tenancy (AST) agreements a lodger has limited rights and the courts held that it was ‘not satisfied that (Mr) Douglas’ role was anything more than simply a conduit for his mother’s wishes. I do not see him playing any part at all in this eviction so as to entitle the claimant to damages against him’.

What followed was an appeal to the Court of Appeal to address specifically ‘whether a licensee may lawfully be evicted without notice’. The appeal was dismissed. However it was suggested that a notice period may be appropriate depending on the circumstances, which should be more weeks than months.

In answer to your question, you can ask your lodger to leave immediately, and if you so wish place their belongings in a black bin liner outside the house. However what the court of appeal is suggesting is that you give some reasonable notice depending on the circumstances. However what reasonable notice depending on the circumstances actually means is not defined and we await another court case to hopefully provide some clarity on this matter.

Please continue to send in your letting related questions to steven@sawyersestateagents.co.uk