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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice
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Im renting the flat privately near 5 years. It is 3 bedroom

Customer Question

I’m renting the flat privately near 5 years. It is 3 bedroom flat and I can’t afford to pay monthly rent, so I have to rent 2 rooms to other people.
Couple month ago I draw away a lady, because she is evil.
She left and left her belongings in my flat which I rent privately. She had no mobile, so I could not
Communicate with her.
My friends advised me to throw her belongings away, but i did not do this.
One week ago she came to take her belongings and she told me that she going to take me to court,
Because I had no rights to drive her away.
The questions are:
1. Can she take me to court, because I draw her away from flat rented by me privately?
2. Can I ask money from her for kipping your belongings near 2 month?
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.

Did you give her notice?

Do you have permission to sublet?
Customer: replied 3 years ago.

I have no permission to sublet. I did not make any agreement to her,just verbally and I did asked her to go couple weeks time before that happens.

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

I am sorry but I cannot give you good news.

Your landlord has a claim against you as you were subletting without permission although nobody is suggesting at the moment that be pursued so I wouldn't worry about that.

She does have a claim against you but she is not likely to be able to get an injunction to get back in. The fact that you were subletting unlawfully means that she will struggle to get a court to allow her access again basically because she had no right to be there at all. However, if she has been paying rent and you did not give proper notice then she could claim back any deposit and a proportionate sum of her rent.

You could argue that the verbal notice that you delivered amounts to notice but the law requires written notice and anyway she will say that you didn't give notice in that form.

I am sorry but you don't have a claim against her in storage costs. Two months is a long time and you may have been entitled to dispose of the goods but you did not and you didn't agree storage costs so she is not liable to pay.

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 let me know if you need more information.

Jo

Jo C. and 3 other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/