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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70405
Experience:  Over 5 years in practice
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Hi there Is it possible to get an injunction against someone

Customer Question

Hi there

Is it possible to get an injunction against someone even if you live with them?>


I live in a house share and want to know if i can take a injunction out forcing them to move out??

The person I want to take injunction out plays music till early hours of the morning and has also been a nightmare to live with...

Is this possible?

Thanks
Gareth
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
Is this is a tenant?
Customer: replied 4 years ago.

yes it is


 


there are 4 of us in a house share and 1 person is upsetting to live with and we are all in agreement to remove this person

Expert:  Jo C. replied 4 years ago.

I am sorry but you cannot get an injunction to remove him. The contract is with the landlord.

You can complain to the landlord about this and he should take action against him.

Ultimately the landlord could seek a possession order to evict him. It depends on the type of contract that you have. If this is an AST then he would have to get possession against you all and resign an agreement with the remaining three of you. If this is an HMO then he could evict him alone.

The other alternative is to consider moving out yourself but that depends on the type of contract you are upon and what notice periods you need to give.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.
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Customer: replied 4 years ago.

thank you very much for your honest reply

Expert:  Jo C. replied 4 years ago.
No problem.

All the best.