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A lodger in a property?

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  • A lodger in a property?

    Where do I start?
    My bf's brother might be a lodger in the property I rent. I really don't want him here but I'm not sure what to do.
    So I recently moved in with my boyfriend into his parents' house. They officially moved out to live with grandma after a recent death of grandpa so they can take care of her. We agreed that since I have lost my job due to the lockdown they will let us off with not paying rent until new year so we have some time to sort ourselves out. We dont have a written agreement that this will happen nor have we discussed any rent amounts just yet. So it's like we're renting this place but we aren't (?).
    While my parents-in-law still lived here my bf's brother ( will call him T) would sleep in this house, to their disapproval, to stay away from his wife. The reason he does that is because she (R) filed a single parent claim so she can get extra benefits/ discounts on council tax/ rent. R is unemployed while T works and they have hella debts. T goes to work, comes back to his family and then goes to his parents to sleep so as not to get reported by the neighbours. Now that we live here he continues to do that. I really dont want him here because I think what he does is wrong and having him here makes me feel extremely uncomfortable. The room he sleeps in is trashed with random items from his house, kids toys, christmas ornament boxes, piles of documents and it smells of damp, mold and sweat. He's got the keys so locking the doors wont work to keep him out. When we left a key in the lock one night and he couldnt get in he rang up his aunt (who absolutely loves him and favours him over other brothers) who then called us (at 2AM mind you) to let him in. He's not paying rent here, has no agreement with his parents or us that allows him to live here, he comes and goes whenever he wants and occupies a room which i cant even step into to open the window because theres so much stuff in it. Both my bf and his parents are afraid of confrontation so no one will tell him off and i feel i alone wont be able to convince him to leave. Again, I'm really unsure if there is anything I can do considering the house isn't legally mine and I have no written agreement with the owners. Any advice?
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  • #2
    One view of the position is that as you have an obligation to pay rent, notwithstanding that you presently have a 'rent holiday', then you are entitled to quiet possession of the entirety of the premises. If that is right you are entitled to order the interloper to leave, and if he does not, then eject him from the premises, using reasonable force to do so.

    Another view is that you, your boyfriend, and his brother occupy the premises as free licencees and you have no better right than the brother to occupy, so cannot order him to leave.

    A third view is that you are there as the guest of one of the lawful occupiers, your boyfriend. The other lawful occupier, his brother, would be quite entitled to order you to leave!

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