Q. I have a tenant in my house who is refusing to move out. I need her room for a family member. Under her lodger agreement I have to give her one month’s notice. Do I need to serve a section 21 notice or something else? How can I get her to leave?

A. First, you need to be clear as to the status of this person and whether she is a tenant or a lodger.  

If she has a room in your home and shares living accommodation with you, then she will be a lodger. In which case it is not necessary for you to obtain a court order if she refuses to go. I have a little free website www.lodgerlandlord.co.uk which explains what you need to do.

If, on the other hand, this person lives in self-contained accommodation in your house, then it is likely that she has a tenancy. However, as she is living in the same building as her landlord (you), this cannot be an assured shorthold tenancy. So, the correct notice to serve will be an old style ‘Notice to Quit’ rather than a section 21 notice (which can only be used for ASTs).

You will need to get a court order if she refuses to leave. Note that the ‘accelerated procedure’ cannot be used for this kind of tenancy. However, the procedure, although it will involve a court hearing, is not difficult, and in most cases, your tenant will have no defence to the claim. My Landlord Law website www.landlordlaw.co.uk has guidance for members on the procedure.

Q. We are a letting agency and have been asked to take over the management of a property where no right-to-rent checks have been done. Would this be a problem for us – for example, could we be held liable?