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?
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.