I have a spare room in my house that I’ve been renting out to a friend for just over a year. However, our friendship has broken down as she’s very untidy and invites guests round without checking with me first. I’ve asked her to leave, but she won’t. We don’t have a formal contract in place because she’s a friend – she’s just been paying £700 a month into my bank account. Can I evict her?
Name and address supplied.
The fact you do not have a written contract does not mean your friend has no rights. She’s what is legally called an ‘excluded occupier’, which is someone renting a room in a property where the landlord also lives. This gives you more flexibility than a standard tenancy, but you still can’t simply throw her out.
The good news for you is that as an excluded occupier, your friend has very limited legal protection. You do not need to go to court to evict her, and you do not need grounds as you would with an assured short-hold tenancy. However, you must give her reasonable notice to leave the property, and crucially, that notice must end on the day her rent is due.
Since she pays monthly, you need to give one month’s notice. Make sure you provide this notice in writing, stating clearly the date that she must leave by.
Remember, if she pays on the first of each month, notice must expire at the end of the last day of the month.
Keep a copy, and send it in the post by recorded delivery. Although you live in the same house, this is crucial, so you have proof of delivery. I would also advise you to send the notice by email and hand-deliver a printed copy.
Dean Dunham says ‘it’s important that you do not take any shortcuts’ with the eviction process
If she still refuses to leave after proper notice expires, you’re legally entitled to change the locks and remove her belongings (but you must store them safely for collection). You cannot use force or threaten her, as this could amount to illegal harassment. If she won’t go peacefully, call the police to attend.
Finally, it’s important that you do not take any shortcuts with the process I have explained. Changing the locks without proper notice, or dumping her stuff on the street, is illegal eviction and she could sue you for damages and report you to the police.
- What are your experiences of renting a room to a friend? Let us know at: moneymail@dailymail.co.uk
A motorcycle that I bought new four years ago is the subject of a recall by the manufacturer. The dealer I bought it from has agreed to collect it to carry out the repairs, but it insists I will have to pay £50 for collection. Can it do this?
D.R, Doncaster.
The fact that your motorcycle is subject to a safety recall means the manufacturer has identified a potentially dangerous defect. Under the Consumer Rights Act 2015 (CRA), when goods are faulty and a recall confirms they are, the retailer must repair them free of charge.
Section 23 of the CRA is crystal clear in these situations. It states that any repair must be carried out ‘without significant inconvenience to the consumer’ and the trader must ‘bear any necessary costs incurred in doing so (including, in particular, the cost of any labour, materials or postage)’. Collection and delivery costs fall squarely within these necessary costs. That means that the £50 the dealer is trying to pass on to you is unlawful.
Write to the dealer stating: ‘Under Section 23 of the Consumer Rights Act 2015, you are legally required to repair this recalled motorcycle without cost to me, including collection and return. Your £50 charge breaches the Act. Arrange free collection within seven days or I will pursue a claim for breach of statutory duty.’
If the dealer refuses, contact the manufacturer directly. Manufacturers generally take recalls extremely seriously and are therefore likely to intervene and ensure free collection.
Failing that, report the dealer to Trading Standards and consider a small claims court action. The court fee is £35, but you’d recover this plus the £50 if you win – which in my view you would.