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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, I have someone living with me whom I might need to ask

Customer Question

Hi,
I have someone living with me whom I might need to ask to leave. The tenancy agreement is in my name and we don't have any written agreement between us.
What is the best way to proceed?
Thanks!
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How did this person come to be living at the property?
Clare
Customer: replied 3 years ago.

Hi Clare,


I'm sub-letting and they are helping me pay the rent.


Johnny

Expert:  Clare replied 3 years ago.
Hi
So is he or she a lodger?
What was the oral agreement between you?
Clare
Customer: replied 3 years ago.

Hi,


Yes, she is a lodger!


She moved in last November and I said let's give it until April and see how things are going as I maybe moving out then. However, I may well be staying and it's not really working out. I did also point out that it would be a trial period to see how we got on living together.


Johnny

Expert:  Clare replied 3 years ago.
Hi
So you said that she could stay until April?
Clarel
Customer: replied 3 years ago.

Hi,


Yes I did, but I also said this would be a trial period, which is not going very well.


Johnny

Expert:  Clare replied 3 years ago.
Hi
You are going to have to give her at least 28 days notice to leave given the agreement between you - and at the end of that time you can then change the locks and pack her belongings ready for collection.
For certainty give the notice in writing/electronically so that you have evidence of it.
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Clare,


 


As per the above i gave my flat mate notice verbally several days ago and am sending her an email tonight to confirm this.


 


However she is now insinuating that I'm harassing her due to the following:


 



  1. Sending several texts today asking her to pay the rent. At first she said she would only pay it if i allowed her to stay for three months while she looks for another place to live as she says she's not well.

  2. She came back from a holiday last week. While she was away i discovered that she had removed a key lock on her bedroom window with a drill as it was locked. She hadn't asked me if there was a key for it first. She just removed it, which invalidated my insurance. This upset me a lot as it invalidated my insurance and she wouldn't pay me back the the money i had to pay to get it put back on. This precipitated me asking her to move out.

  3. A few days later she came in late and woke me up. I knocked on her door the following morning to talk to her about this and she wouldn't open it to talk to me saying she was feeling threatened. I didn't open it or anything. I just told her not to do things like that again and i wouldn't disturb her.


 


Now I'm concerned as she keeps using the word harassment, especially today, when i asked her about the rent.


 


Should i be concerned?


 


Thanks,


Johnny

Expert:  Clare replied 3 years ago.
Hi
Send her the written notice and make no further attempt to contact her/discuss matters with her - simply wait the period out
Clare
Customer: replied 3 years ago.

Hi Clare,


 


Thanks! I'm just concerned that she's going to say she didn't see the email. Is the fact that I sent it sufficient enough or should i leave a paper copy by her room?


 


Thanks,


Johnny

Expert:  Clare replied 3 years ago.
Hi
Yes you should pin a copy to her door - and put one under it
Do NOT go into the room
Clare
Customer: replied 3 years ago.

Okay Clare, thank you!


 


I put one under it earlier today. I'll pin one on it tonight when i get home from work.


 


The only thing is. When I first discovered she'd undrilled the lock three weeks ago i had gone in her room. This is because she went away for 10 days and didn't tell me. I had a feeling she wasn't there and knocked on the door to check first and there was no answer. The thing is there is an accessible window in her room and at was actually unlocked. Also if she is away i can double lock the flat for security purposes. If i double lock the flat and someone is in there they cant get out. That's why i was checking if she was there or not.


 


In that case was it okay to enter her room when i noticed the latch was off from her doorway?


 


(I'm happy to pay you more for this extra feedback you're giving me)


 


Many thanks!

Expert:  Clare replied 3 years ago.
HI
That is fine - just do not go in there again
Clare