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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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HELLO ALEX. This is a difficult situation and I will try and

Customer Question

HELLO ALEX. This is a difficult situation and I will try and be brief.
My tenant allowed a man to come in to the flat on the basis of sharing this two bedroom flat with her and her daughter, without my permission. She has a valid Tenancy Agreement, which clearly says she cannot sub let. He had his own room but shared the rest of the accommodation ie kitchen, bathroom and lounge. He became a bit of a bully and difficult over many things. He paid the correct rent for the first 2 months and then decided that he was paying too much so only paid the reduced amount for the next month and then nothing. She decided he had to go. She got advice from the legal advice centre and was advised, to give him 14 days notice, which she did. he ignored it telling her he was NOT moving out. She was then advised she could change the locks and lock him out, which she did. he was advised this would happen. On his return he started to kick the door down. police were called. They suggested after much ado, for her safety she should leave and give him a new key. which she did. She then told me of these events, as by now she was quite scared of this man and didnt know what to do.
As the owner I got some advice which was to lock him out again. We advised the police when we did this and expected them to deal with any criminal activities that might occur with this lock out. We repeated the process, locked him out. advised him by phoning and texting him. He returned to the flat 5 days after, and started to kick the door again, damaging the architrave. police were called and thy arrested him. he became very violent with them. eventually they charged him and released him on bail. One condition of the bail was he was not to return to collect his belongings without police accompanying him. His belongings are still in the hallway of the flats. They have been boxed up and kept safe. Yesterday my tenant, now to scared to return to the flat, received a Court Order from him for an injunction against me, my tenant and her daughter as defendants, for assault, theft, wrongful arrest and a number of other things which I cant remember, none of which are true. He is doing this with the address of the flat. This is to appear in court this wednesday. As yet I have not received this. My take on this is he has bullied my tenant and he is now trying to obtain this injunction so we all have to keep away from him, so he can come back and live in the flat on his own, not paying any rent, as he is on benefits. he has obviously told lies on the form and has managed to get a court date within around 5 days. He has also obviously played the 'wow is me card' to get this.
My question is: what chance on the basis of little or no evidence does he have in being granted this injunction? I have never met him and have only sent him 3 texts and 1 letter, all of which are polite requests. I have never taken any money from him or agreed to him being there. My tenant has contravened the terms of her Agreement. I fear the court may see me as the dreadful landlady and he has been thrown out of his home. My tenant has lived there for 4 years and he lived there for 4 mnths. Sorry its long but I dont see how you can answer my question without some background story. Sylvia
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello Sylvia my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

In short this other person who has no right to be there is taking out an injunction against you?

Alex Watts :

Does this tenant just rent a room or the whole house please?

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