How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10236
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

Hi, I gave my flat mate notice verbally several days ago

Customer Question

Hi,

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
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

You certainly shouldn't be worried that you are harassing her if all you have done is what you say. You are within your rights to request rent and to speak to her about her behaviour while she lives in your house.
The rules are different if she was a Tenant, in sole occupation of your property, in that a Tenant is entitled to "quiet possession" of the property without undue interference from the Landlord. However, as a lodger, there are no specific rules governing the owner's behaviour and contact between the parties is deemed perfectly reasonable and expected, as you are both sharing one dwelling.

I don't know if you need advice concerning the termination of your Agreement, but giving written 28 days Notice to a lodger is deemed a reasonable amount of time, by the Courts.

I hope this helps, but please let me know if you require any further clarification.

Kind Regards
AL

It appears to me that she is just trying to buy more time before you insist
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10236
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Al,


 


There is one thing.


 


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 it was actually unlocked (i could see this from her doorway). 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?


 


Many thanks,


Johnny

Expert:  Aston Lawyer replied 2 years ago.

Hi Johnny,

It was perfectly OK for you to enter the room in the circumstances, as there was a safety issue that needed attending to.

Hope this helps.

Kind Regards

AL

Customer: replied 2 years ago.

Hi Aston,


 


Thanks, much appreciated!


 


I served her a 28 day notice period yesterday, via email, letter under her door and letter pinned to her door. If she refuses to move out in said time am I allowed to change the locks to the flat?


 


Kindest regards,


Johnny

Expert:  Aston Lawyer replied 2 years ago.

Hi Johnny,

I'm afraid that if she doesn't leave under her own free will, you would still need to take Court proceedings and obtain a Court Order evicting her.

Kind Regards
AL
Customer: replied 2 years ago.

Hi Al,


 


Thanks! I thought she would come under this though:


 


http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_excluded_occupiers


 


We have no written agreement between us and we share the kitchen and bathroom.


 


Kind regards,


Johnny


 


 

Expert:  Aston Lawyer replied 2 years ago.

Hi Johnny,

Apologies- if she is sharing any facilities with you, then you won't need a Court Order, and provided you let the 28 day period expire, you would be entitled to change the locks, as per below-


3. Your lodger's tenancy type

The way you share your home with a lodger affects what kind of tenancy they have. This in turn affects their rights and how you can end the tenancy.

Your lodger is an excluded occupier

Your lodger is likely to be an excluded occupier if:
##they live in your home
##you or a member of your family share a kitchen, bathroom or living room with them

In this case, you only have to give them reasonable notice to end the letting - and you won’t have to go to court to evict them.

Your lodger has basic protection

Your lodger is likely to be an occupier with basic protection if:
##they live in your home
##they don’t share any living space with you or your family

If your lodger won’t leave when you ask them, you’ll need to get a court order to evict them.

Kind Regards
AL

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice