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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I am currently living in a bungalow, apparently without any

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I am currently living in a bungalow, apparently without any tenancy agreement, that belongs to my mother. She lives in another bungalow on the same piece of land but a separate dwelling. She tells me that I am a 'lodger' and have no legal rights. I lived in a previous property belonging to her whereby I had a tenancy agreement, but it was not transferred to this bungalow.
My partner came to live with me recently and he is apparently a 'guest' of mine, the 'lodger'.
Today, she told me that he has to leave (no criminal damage done to the property or persons, rent is paid and bungalow maintained) due to their personalities clashing.
Do we/he/I have any legal rights ? If so, what are they ?
Thank you
Allison Fordyce
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Allison my name is ***** ***** I will help you.For now please let me know whether you have anything in writing as per a tenancy please?Alex
Customer: replied 1 year ago.
I don't have anything in writing for this property with my mother but I had an agreement in my last property about how much the rent was, giving notice and general upkeep of the property- not a legally drawn up arrangement but typed out. Since I moved to this bungalow in August 2014, I've not had a legal document, just monthly bank statements proving rent paid. My partner came here end January 2016. All rent has been covered every month I've lived here without fail.
Expert:  Ash replied 1 year ago.
Its bad news I am afraid. If there is no tenancy agreement then you are considered to be a tenant at will. This means your agreement can be terminated at any time, for any reason with 2 months notice.As such you have to move if you are given 2 months notice. If you do not then sadly your mother can seek a Court order for possession and if she does, then you can be evicted.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thank you Alex, that is clear information. Please could you confirm whether my partner can be evicted overnight or, as we are partners, the two-month timescale applies to him? Although the rent we are paying covers the pair of us, (when he moved in she increased it, telling me it was 'for a hike in the bills', but the local council tax has only risen by 2%), my mother has told me that she considers the rent comes from me and he is a 'guest'. Does he have the same two-month window as I do ?
Thank you.
Allison.
Customer: replied 1 year ago.
We were only told she wants him to move yesterday (Saturday) She and I had a conversation last Thursday where I thought we'd cleared the air and put the problems between them to rest. She said at the time 'If he speaks to me again he'll have to go' -which he has not done. Saturday morning (yesterday) she appeared, telling me that she wanted my answer about what I was going to do by Bank Holiday Monday (no previous communication at all about my having to leave) and that 'he had to go'. His leaving now would render him effectively homeless for no concrete reason (they just don't get on that well). Can she call the Police to have him removed for any reason if he refuses and we just give notice of two months to quit the property ? He is not violent or physical at all in any way and is clean and tidy within our home. She is simply saying he has to go because he has struggled to get work (he is looking daily) but we don't owe her financially at all- what is asked of us to pay is paid on time and in full.
Thank you and I really appreciate your honesty when answering. It really helps to clarify the situation.
Allison.
Customer: replied 1 year ago.
P.S. I am sorry for replying this morning, I wasn't sure last night if you were able to reply late in the evening so put my computer on 'sleep'. I think the questions I've asked this morning cover all our concerns. Thank you.
Allison.
Expert:  Ash replied 1 year ago.
No one can be evicted without a court order.So no, not overnight. There,must be a court order.Does that clarify?Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
That has clarified things, yes.
Many thanks for your advice.
Allison.
Customer: replied 1 year ago.
Good Evening Alex.
I was hoping to not have to use legal services any more but am facing further disruption relating to the original correspondence we entered in to last week.
Please could you advise what the process is if I have another question relating to the original topic ?
An outline of what has happened since Bank Holiday Monday (2nd May).
Since 30th April she has turned off the shared Internet connection to my residence. I used to pay £10.00 (1/3) which was added to the rent. I bought a dongle and have used that for Internet access since 30th April and have the paperwork to prove it.
I emailed my landlady to state that we were giving notice and would need up to two months in order to find another place to live. Her reply was that she would send a formal letter which is typed below, word for word :
'Dear Ms Fordyce,
We are in receipt of your email dated the 2nd May in which you give notice that you and your guest, Geraint James (my words : he's my partner, not guest), wish to vacate our Wilmington property and that you are , 'likely needing up to two months' (italics).
In order to clarify the position, we now accept your notice that you wish you to vacate Wilmington. However as your rent and internet access contribution has always been paid in arrears, you are obliged to pay the normal £560.00 up to and including the 31st July so please accept that as the statutory notice date.
In the event you find suitable accommodation and wish to move at a date earlier than 31st July, we would be agreeable to you vacating Wilmington before that date and would make the appropriate adjustment to the final figure of rent payable..Yours sincerely....'
I received this letter by post on Wednesday and made no reply as wanted to obtain legal advice regarding her demand for leave dates before responding. On Friday, I received two harassing texts from her (20:00 and 20:20). The first accused me of letting my cats out when the wildlife were feeding because she saw the windows in our house were open (it was hot, the cats were secured in an air-conditioned room and not out).I replied in as many words. The second text related to my partner playing music,( He was in, I was out, at the time of receiving the texts), whereby she threatened us with contacting the local council as he was playing music that she believed constituted noise pollution. It was around 20:00 so before the 22.00 curfew. She then retracted her complaint, stating music was fine if the windows were shut when I told her I had texted him and was on my way home and would turn it down myself. When I arrived home, no music was on- we considered the matter closed.The most unfortunate incident took place tonight which resulted in my contacting the Police. After spending a day out, my partner and I returned at 18.40 to our residence. My landlady was standing outside our home waiting for me. I was met with 'Did you get my text' ? (which never actually arrived),and a tirade of verbal abuse. She then turned on my partner with verbal abuse and tipped over a plant pot outside our home.I have taken pictures of this. I asked my partner to come inside and told her to leave. He came inside and I went to shut the door. She forced entry and stood in the kitchen. As this lady is also my mother, she and I had an argument about historical family issues.My partner suggested to her that, as she had no legal grounds to evict us, she was aiming to find criminal intent. At this point she smirked and said 'Yes'. She moved into the lounge and sat down despite my telling her to leave.She then went into the office in our house without permission and sat down on a chair.More arguing. I shut the door on her,intending to walk away. I heard shouting and returned to find her climbing onto the desk, yelling out of the window of the office to her partner that she had 'been imprisoned'. He came over and took her away.
My questions are thus :
Does she have grounds now to evict us ?
Can I get a court injunction to prevent her harassing either of us or this property under some form of legislation ? I've read a little around the Protection from Eviction 1977 Act and 1988 Harassment Act. She also said tonight that I was living here under an excluded tenancy which is news to me as the factors involved in that do not appear to relate to our situation. I have email evidence of correspondence between us whereby I told her that we wanted to leave calmly and in a considered way without rancour and she stated that she wanted to 'live out her live in peace' but now seems bent on trying to secure some kind of legal victory. My partner started a new job last week so we were both out during the day and part of the weekend.
Essentially, I wish to establish what legal protection I can utilise until and beyond, our notice period is up. I was under the impression that we would be allowed to use this time to move, no small feat, without further issue but that does not appear to be the case.
Customer: replied 1 year ago.
My main concern is her intent on provocation. The latest incident is now on record with the Police and I expect to interview with them in the next 48 hours.
Thank you,
Yours sincerely,
Allison Fordyce