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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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My husband and brothers own a property which is split

Customer Question

Hi,
My husband and brothers own a property which is split into rooms and they are rented out individually.
My brother's daughter was homeless and my husband let her live there. But when she turned up she turned up with a boyfriend!
She said he wasn't staying at the property and goes home at night which the other tenants have said does not happen.
My husband then rented a room in another property to the boyfriend to try and make sure he didn't stay at the first property.
All the other tenants are complaining that things have been stolen, and they are always fighting.
We think perhaps they are both being violent with each other, and today a tenant who lie below my neice rang to say came in fro working nights and they were fighting, so confronted them and they turned on him. Police have been called etc the tenant below has been taken in for questioning as they are now saying he attacked them, this tenant contacted a few ago saying he could hear her crying hysterically and what should he do, I witnessed her with a black eye and told her Mum, my neice then told us both different stories of how this happened!
The boyfriend I know is sleeping at the property and I wondered could I get him an injunction stopping him from going near the property? If she leaves so be it but for the other tenants sake I think I am going to have to do this.
Thanks
Jane
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. You can obtain an injunction against him but it will be a very expensive process it also will not stop him from seeing your niece. This may be better to deal with as a criminal matter, i.e firstly put him on notice that if he continues to enter the property he will be trespassing as he no longer has the consent of your husband brothers, or any tenants to be on the premises. You should then try and compile a diary or chronology of when he has been at the property and the incidents of intimidation. If you take these to the police you may be able to get them to caution him or get some restraining order against him entering the premises. Is your niece still in the property?
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi,Thanks for getting back to me yes she still lives there but denies he is hurting her, to be honest they are both trouble, have both been living in hostels for last few years. I was thinking of an injunction as if he can't stay at the property I know she will leave, she has an assured shorthold tenancy, I was thinking of giving her notice as to how many nights in a month he is allowed to stay, do you know how many nights he can stay, or can I say 0 nights?Thanks
Customer: replied 1 year ago.
I've look at the tenancy and it says "We will let the property to you and only you."
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. If the AST says that it is to be let to her only then really she should not have any guests, but imposing such a condition would bring in question whether it is an AST at all - it may be a license if she does not have exclusive possession. This would make it easier to exclude him from the property. Do the landlords regularly access the rooms in the property?
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.I see the expert has opted out, what else do you want to know?Alex