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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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I have some unwanted guest in my house she has been here 2

Customer Question

I have some unwanted guest in my house she has been here 2 mouths and i now what her gone she was not meant to be here that long and now she has her son here and i have told her he has to go and he is still here i just need them gone what can i do
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Has she ever paid rent?

How did she come to be a guest?
Customer: replied 3 years ago.

she has never payed how it came about her daughter works for the company i do and she lift wear she was cos she was not treated well so i said to her she could stay with me till she found some wear else and we are going into the 3rd month and i have a partner that i want to live here and she sleeps on the sofa. she son was made homeless not to my nolage i was lied to they asked me is he could stay 2 days and i said yes only 2 days and he is still here 4 days later i want him and her gone now

Customer: replied 3 years ago.

sorry i just read what i put and did not make sense the daughter is how i no the person staying on my sofa

Expert:  Jo C. replied 3 years ago.
Thanks.

The fact that she has never paid rent would suggest that she is just a guest and so could be asked to leave at any time.

It is always best to treat even a guest as though they are a lodger as arguably a guest is entitled to reasonable notice.

You need to serve her notice in writing that you want her to leave within 28 days. You could try giving her 14 but probably a court would say that was not reasonable.

Upon expiry of the 28 days notice you can literally wait until she leaves the house and change the locks after her. You don't need a possession order to evict her.

Hope this helps. Please let me know if you need more information.

Jo


Customer: replied 3 years ago.

that helps but what do i do about her son that is now here he has been here for 4 days and i have said i don't want him here. do i tell him to leave and if he dose not call the police to remove him.


 


i assume the text i sent her saying i wanted her to leave at the end of the month is not good enough do i need to right a letter or just keep the text message. after the 28 days if she did not go out can i have the police remove her or wait to change the locks

Customer: replied 3 years ago.

and just to make sure this is all british law and i found a lot on USA law but need british law

Expert:  Jo C. replied 3 years ago.
Well, he is in the same position.

The police will not remove him. Its a civil matter not a criminal offence.

You just need to write to them naming both of them on the notice.

You could rely on the text but it would be safer to send a letter naming both of them and a specific date to leave.

The police will not remove them. They do not enforce housing law.
Customer: replied 3 years ago.

so i would have to wait for both to leave before i could change the locks after 28 days wear would i stand if i just changed the locks and put the stuff out

Customer: replied 3 years ago.

her son is not even meant to be here

Expert:  Jo C. replied 3 years ago.
Then you would be at risk of her seeking an injunction order to get back in on the basis that it wasn't reasonable notice and liability for her costs in doing so.
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

so the injunction would let her back into a flat she has no right to be in and i would have to pay costs


 


ok i can lock my bedroom can i turn off my electric to the plug sockets as they are using a lot of power and now paying

Expert:  Jo C. replied 3 years ago.
Yes, thats right for the reasons I explained above.

You can turn off electricity if you would like.
Customer: replied 3 years ago.

so i wright the letter hand it to them and how do i prove i gave it to them.


 


then after 28 day i can with no comeback on me change the locks

Expert:  Jo C. replied 3 years ago.
You could always send it recorded delivery.

Or place it on her door and take photographs of it there.
Customer: replied 3 years ago.

she is staying in my flat with me we are all under one roof

Expert:  Jo C. replied 3 years ago.
Yes, I understand.
Customer: replied 3 years ago.

so i send it to myself with her name on it she won't ancer the door to the postman

Expert:  Jo C. replied 3 years ago.
No, there's no point in that.

Either you send it recorded delivery or you attach it to her door.
Customer: replied 3 years ago.

she dose not have a room she is on my sofa the only way i could prove they have had it is text.


 


after the 28 days is up if they don't go what can i do as her son never leave my flat

Expert:  Jo C. replied 3 years ago.
Well, then the front room door.

Anywhere that she cannot deny seeing it will be fine.

If he doesn't ever leave then he becomes a trespasser and you can use reasonable force to remove a trespasser.
Customer: replied 3 years ago.

then when he is out i can change the locks.


 


and there is nothing they can do if i turn off all my electric to my flat thats all plugs and hot water


 


what do i put in a 28 day notice letter

Customer: replied 3 years ago.

what do i do if after 28 days i change the locks and all there stuff is still in my flat what do i do with it all

Expert:  Jo C. replied 3 years ago.
Yes, as long as the notice has expired.

I wouldn't suggest switching off the electricity entirely until the 28 days have expired. Then you are completely protected.

You just need to write to them naming both of them on the notice.

I'm happy to continue with this but please remember to leave feedback for my answer.

Customer: replied 3 years ago.

i will leave feed back but just wanna make sure i no what i need to as feed back closes the question


 


so i will just turn off all the plugs then and leave hot water on


 


if i printed it off and handed them the letter and got them to sign one saying they had it or even just handed it to them would that be acceptable as i want them out by the 31 of march

Expert:  Jo C. replied 3 years ago.
The question won't close if you leave feedback. People come back months after asking questions with follow ups.

Are you proposing to do that after the 28 days has expired?
Customer: replied 3 years ago.

i want them to stop racking up a huge electric bill they have my tv on all day and use stuff they have no right using and i wanna turn half the power off in 14 days i would give them warning I'm doing it but leave hot water until 28 days is gone


 

Customer: replied 3 years ago.

and the last thing i need is what do i put in the letter of notice as i have never wrote one before

Expert:  Jo C. replied 3 years ago.
I see.

That would be a reasonable action then if thats the reason.

You just need to write to them naming both of them on the notice and saying that they are given notice to leave on x date.

Customer: replied 3 years ago.

and this is all uk british law not American law

Customer: replied 3 years ago.

what would i do if they vandalised anything cos they don't want to leave

Expert:  Jo C. replied 3 years ago.
I'm in the UK. I don't know anything about law in the States.

If they do cause damage then you could call the police because that is criminal damage.
Customer: replied 3 years ago.

cool thanks for all your help if i need anything else i will ask

Customer: replied 3 years ago.

oh year i did not have an ancer for what do i do if there stuff is in my flat after the lock change in 28 days

Expert:  Jo C. replied 3 years ago.
You need to make it available for their collection at any time by appointment for a furhter 28 days and then you could dispose of it.
Customer: replied 3 years ago.

miss xxxx and mr xxxxxx i am giving you 28 days notice of eviction from 13 xxxx, xxxxxx, xxxxxx, xxxxx on the 31/3/2014


 


is there anything else but that that i need to say any advice on this will be great

Expert:  Jo C. replied 3 years ago.
Personally I would say this

Dear X and Y

I give you 28 days notice of the date of this letter that I wish you both to leave my property.

This notice expires on X date.

Its probably pedantic but thats how I would do it.
Customer: replied 3 years ago.

would anything change if i said to them if they pay 5 pound a week for use of electric then it saves me turning it off


 


then thats all i think i need to no

Expert:  Jo C. replied 3 years ago.
Well, only in that it might be easier for them to argue that they were lodgers not guests but then we are treating them as though they are lodgers anyway so it shouldnt' be an issue.
Customer: replied 3 years ago.

so i handed them the notice and they said they would say they never received it what do i do now

Expert:  Jo C. replied 3 years ago.
You could always send it recorded delivery.

Or place it on her door and take photographs of it there.

Customer: replied 3 years ago.

i will have to place it on the door as she won't ancer the door for anything

Expert:  Jo C. replied 3 years ago.
Its always better to do that anyway as then you can prove it.