Lodger threatening me, saying should have an AST

[JohnRobinson]

I have a very difficult lodger who despite haveing been given an extra two weeks beyond the sighned lodger agreement ( ended september ) and a months written notice has contacted a legal centre who has advised her she has an assured shorthold tenancy not a lodgers agreement. She also says she has exclusive access to her room despite it saying she does not have exclusive access on the agreement. She is asking for £400 compensation or she will not go. I hold £200 of her bond/deposit. She has caused me a lot of grief over the six months. This is the final straw. She is saying I do not live in the property, which is not true, I do not spend much time there as I have a separate flat I'm renting as my daughter and I need privacy but I am at the house evryday cleaning, orgaising and have a room to myself there sharing facikities with the otehr lodgers. It was just a temporary arrangemnt as I plan to sell the house now, but I need her to go. A posssession order will take too long, her notice was served for mid september. What can I legally do?

[Melboy]

She either has a signed AST or she doesn't and if she doesn't then she has no case to support her argument and if you have given her the statuatory notice required under a formal lodger agreement then she must leave and as for the £400 tell her that she will not receive a penny from you under any circumstances.

Mel.

[SPEEDTWIN]

It all boils down to are you living there or not and what evidence you could produce to prove you do. If you have utility bills and council tax in your name and other mailsuch as credit cards etc that helps. But do you sleep there? If not a judge would rule that your tenant has a Assured shorthold tenancy which then opens up another can of worms regarding any deposit taken and it doesnt matter that they have signed a lodger agreement.

Lodgers have very few rights and many landlords have just chucked them out and put their belongings in the street and not had a come back and i am am not suggesting you do this. If there is a question mark over you living there or not the penalty would be very very harsh.