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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I let my daughter stay at my flat, I went away while

Customer Question

I let my daughter stay at my flat, I went away for a while now she has locked me out said she threw my possessions in the skip and told me to live somewhere else.I suspect her boyfriend has moved in but I can't prove that.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who actually owns the flat?
How long have you been away?
Clare
Customer: replied 1 year ago.
The landlord is Peabody.My Wife and I have been separated.I have been staying at my Wifes address with a veiw to reconciliation ,time has passed quickly and I now realise that I have been sleeping there for maybr five years I am nat sure.My bank details,car registration,resident parking permit etc have all remained in my address,I do not have any other address.The rent is paid using a rent card at the post office,which my daughter refuses to return
Expert:  Clare replied 1 year ago.
Hi
So this is social housing and you have lived elsewhere for more than five years - is that correct?
Clare
Customer: replied 1 year ago.
basically yes,I kept my address and stayed at my wifes flat,but not as a tenant.
Expert:  Clare replied 1 year ago.
is the tenancy still in your name?
have you now separated from your wife?
Customer: replied 1 year ago.
The tenancy is still in my name,last week I set up a standing order to pay the rent on the first of every month.My Wife and I have separated again,
Expert:  Clare replied 1 year ago.
Have you actually tried to get in?
Customer: replied 1 year ago.
Yes,I have entered,and a couple of times her boyfriend was in the flat alone,the locks have not been changed,she locks the door from inside.
Expert:  Clare replied 1 year ago.
Where are you currently living?
Why have you not changed the locks?
Customer: replied 1 year ago.
I am staying with my son.I have not had the opportunity to change the locks,I need to buy new locks or call a locksmith.What is my legal position with changing the locks ? Also,I am afraid of her boyfriend.My fla
Customer: replied 1 year ago.
couldn't finish message yesterday as was going to be locked in at work and have no internet in evening,I am 57 and have not yet become a smart phone user.I was going to say my flat is in Pimlico,my job is in Ruislip and one of my sons is temporarily staying at his Uncle's vacant house in Milton Keynes (uncle has a short term job in Bristol).
Expert:  Clare replied 1 year ago.
Hi
You need to give your daughter and her boyfriend at least 28 days written notice to leave.
At the end of that time you can change the locks, pack up their belongings and make them available to them.
Your daughter has no right to live there without your agreement and the tenancy has not been transferred into her name - nor would it be
Please ask if you need further details
Clare
Customer: replied 1 year ago.
I would like a solicitor to write the letter on my behalf.
Expert:  Clare replied 1 year ago.
There is no need to have the expense of that.
It need only be a simple letter that states that they have been living there with your permission and that now you are givingt hem notice to leave in 28 days time
Customer: replied 1 year ago.
ok,i will write a polite request for her to leave,keep a copy and put hers through the letterbox.I only hope she has'nt really thrown away my possessions.I did check the bins but they had already been emptied.
Expert:  Clare replied 1 year ago.
If she has you can claim compensation
Customer: replied 1 year ago.
I don't want to create a lifelong enemy with my daughter,I initially allowed her to stay when she started a post graduate course which she passed and now has a career in that proffession,anything of mine that may or maybe not be disposed of is a loss that I will suffer and replace at my own cost and if she does have company with her they will just have to find somewhere else.I do feel like sneaking over during the day,throwing her things out and changing the locks myself.Writing a letter to her sounds like I will have to pay for a bailiff and locksmith maybe in attendance with a constable.Work and driving have taken up a lot of my time but I did draught a note for her:
Dear Kirsty
I am very sorry to hear that I am currently unbearable company for you.I now wish to live alone and having considered your recent statements and actions I insist that you leave my flat.
I am giving you twenty eight days notice to leave my flat permanently.Please ensure that all belonging that are not mine have been removed from my flat before 30th December 2015.
This is all that I have jotted down so far.If this is enough would I have to hand it to her personally and make sure she reads it ,because she may just screw it up and throw it away in front of me as an act of defiance.I do feel disadvantaged if she were to put the might of her MA in HR against me
Expert:  Clare replied 1 year ago.
You cannot just throw her out - if you do she will be able to get an Order excluding you and allowing her to return until she can find somewhere else to live
Give her the letter - indeed stick it to her door and photograph it.
At the end of 28 days wait until they are out then go in and change the locks
Customer: replied 1 year ago.
ok.
Expert:  Clare replied 1 year ago.
I hope all goes well
Customer: replied 12 months ago.
Sorry for not responding earlier,I don't have a smartphone or internet access away from work,yesterday I was an hour and half late for work,the average commute time in the morning is 3 hours Milton Keynes to Ruislip,last night I got to mk at 21.45hrs!
On Friday I went to my flat with my brother in law.At first I could'nt open the door because it was locked from the inside,then it became unlocked,probably when my daughter heard her Uncles voice.I entered the flat and basically I said I was giving her the letter,which was in an envelope.She refused to accept the envelope so I took the letter out and left it open, on the sofa she was sitting on,then I looked around the flat for my clothes but couldn't find them and she refused to tell me what happened to my things so I left the flat leaving Uncle and Neice to talk.From there I went to Milton Keynes.Since then I haven't heard from my daughter but I have had a few bizarre texts from my wife.
Expert:  Clare replied 12 months ago.
Then you have evidence that she has had the letter and can act accordingly

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