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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I AM A TENNANT IN SHARED ACCOMADATION, MONTHLY VERBAL AGREEMENT,

Resolved Question:

Hi
I AM A TENNANT IN SHARED ACCOMADATION, MONTHLY VERBAL AGREEMENT, I RENT A ROOM IN A THREE BEDROOM HOUSE FROM THE HOUSE OWNER- THERE HAS BEEN A ATTEMTED RAPE ON ONE OF THE TENNANTS WHO HAS A DRINKING PROBLEM AND BROUGHT BACK A STRANGER INTO THE HOUSE, THE POLICE WAS CALLED, THE PERSON LIVING IN THE HOUSE WHO WAS BEING ASSULTED BECAME AGRESSIVE BECAUSE THE POLICE WAS CALLED AND SHE HAS A PENDING ASSAULT CHARGE, I AM TOO SCARED TO GO BACK TO THE HOUSE AS THE MAN COULD COME BACK AND SHE COULD BECOME AGRESSIVE, IS THERE ANYTHING I CAN DO TO GET OUT OF THE HOUSE AND GET MY DEPOSIT BACK AS SOON AS POSSIBLE
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

How much notice are you required to give please?

Customer:

hi

Customer:

one month from today

Alex Watts :

I assume its not the Landlords fault the tenant tried to rate another tenant?

Customer:

no, the person trying to rape the tenant does not live there, he was brought home by the tennant

Alex Watts :

Ok - has the person trying to rape been there before?

Customer:

I don't think so, she said his a friend but later told the police she doesn't know him

Alex Watts :

Ok, if they have been bailed or charged by the Police there will be a condition NOT to attend the address.

Alex Watts :

If they do they are in breach of bail and could face further charges or even remanded in custody, so you dont need to worry about that.

Alex Watts :

However I dont think you can end the tenancy without giving notice.

Alex Watts :

After all this is not the Landlords fault.

Alex Watts :

It is only a breach by the Landlord could you end it.

Alex Watts :

As this is not the Landlords fault, I dont think you can without notice.

Alex Watts :

I am sorry if this is not the answer you are after and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

But as I said I am sure the person would have bail conditions not to come anywhere near the address

Customer:

thank you for the advice, can I do anything to shorten the notice period or get a lock on my door? I have asked for a lock on my bedroom door but the landlord said he does not want to pay for it and a professional job will be required as it is antique door?

Alex Watts :

Sadly not. You can get a lock on your door.

Alex Watts :

But who pays is a different matter.

Alex Watts :

But if you do leave, I think you are going to be liable for that rent.

Customer:

I am scared that I would loose my deposit as i think it is in the landlords bank account,

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

can he take my deposit if i put a lock on the door that he doesn't like

Alex Watts :

No

Customer:

the entrance to the house is covered with fencing and tall plants can i insist on lighting

Alex Watts :

No

Alex Watts :

But again,the person will have been bailed NOT to attend the property

Customer:

thank you, ***** ***** anything i can do about the other tenant who has a drinking problem and is agressive

Alex Watts :

Sadly not. You can only give notice and leave. I am sorry

Customer:

thank you, ***** ***** advice, what would happen if i don't pay rent and tell him to keep the deposit for this months rent (deposit is more than the rent)

Alex Watts :

Does the Landlord live in too?

Customer:

no, he is in Estonia, he does not want to leave the other tenant in the house on her own, he is concerned about his house, my room is rented unfurnished so there is nothing that can be damaged

Alex Watts :

Ok. He needs a Court order then

Alex Watts :

To get you removed.

Customer:

sorry, i don't follow, i am not concerned about his house and i never want to go back there, can i tell him to keep the deposit for this months rent ?

Alex Watts :

He can try yes.

Alex Watts :

But you could, depending on the Judge have a claim for it back

Alex Watts :

But I dont think its enough that you want to leave because of these problems

Alex Watts :

Its not the landlords fault

Customer:

i am sorry i don't think we are having the same conversation, does this mean i can leave now and only loose my deposit?

Alex Watts :

Yes it does mean that

Alex Watts :

You can leave now and lose the deposit.

Alex Watts :

Does that help?

Customer:

yes thank you, ***** ***** just spoken to another advisor who said because the house is not registered as a house share the owner lets the rooms himself to individuals who doesn't know each other, we had no contracts and the deposits are not in a deposit protection scheme the agreement I had to stay six months has passed last month I don't have to stay, is this right?

Alex Watts :

That is correct, the deposits are not protected.

Alex Watts :

But you still have a verbal monthly contract so can move at the end of that month term.

Alex Watts :

But you can move out

Customer:

thank you for the advice

Alex Watts :

Can I clarify anything else for you?

Customer:

no thank you

Alex Watts :

Can I help you with anything else today?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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