Has my Tamworth lodger become my accidential tenant?

My best friend came to visit me nearly three years ago, she stayed on and rented one of my rooms.  With low rent and fully inclusive of all bills, she had a great deal.

After 6 months I went to live with my partner so rented out another room in my house. Shortly after I moved out  my best friends son came to stay and has been there ever since.

When I was  advised recently I had created a HMO, I told my friend that her son had to leave the property, she advised that she would be vacating when he did. I then gave them a polite written notice that I wanted them both the leave.

When the second tenant left  6 weeks ago I locked her room to prevent it being used.

My question is – As nothing was ever put down on paper, Is my friend to be treated as a tenant?

What happens if she decides not to move out voluntarily? And how do I handle her son?

Many thanks

 

game over
game over

 

 

 

 

 

 

 

As they can only be a lodger while you live in the property it looks like you have created a tenancy.

Keep things as pleasant as possible and hope that things do not break down between all parties.  If your friend and her son do decide not to move out, I would recommend that you seek professional advice as soon as possible.

I hope all goes well.

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