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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 280
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I am a lodger at a property owned by my landlady. On a

Customer Question

I am a lodger at a property owned by my landlady. On a Saturday afternoon, her boyfriend strolled into her property (without giving me any notice) and started shouting at me for the best part of 30 mins. He was giving me commands and telling me that I must obey them and expects the landlady's property to be clean at absolutely all times. If he doesn't reside at the landlady's property, should he be allowed to just stroll in to it?
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Hi

Thanks for your question.

The question is whether or not he has been given permission. If the landlady has permitted it, then no. If not, then yes, he will be trespassing.

I hope this helps.

Kind regards.

Customer: replied 1 year ago.
Ok. He was given permission to access the property and I had not been given any notice in advance. And what about being harrassed and shouted at? Is that acceptable? Being bullied and told that I'm going to be left out on the streets?
Expert:  propertylawyer replied 1 year ago.

Lodgers have less rights than a tenant.The lodger is subject to the supervisory authority of the owner, who retains general control over the whole property. The decisive factor is the absence of the occupier’s right to resist intrusion. Under a lodger arrangement, the owner can enter the property at will. There is no requirement to give notice to enter.

What are the terms of the agreement you have with the landlady regarding termination?

However, harassment is not acceptable and this is potentially a criminal matter.

Customer: replied 1 year ago.
Ok. I will accept that I have less legal rights then. My lodger's agreement ends on the 8th July 2016.What I am concerned about though is being harassed and not being able to live in my landlady's property in peace. My landlady and her boyfriend are obsessed about having the house tidy at all times (and I mean that very literally). Leaving a plate out for 5 minutes would be enough to annoy them. They expect nothing less than for me to behave absolutely perfectly. Yesterday I was ordered (by the landlady's boyfriend) to get things tidy immediately and I was also told that if I did not obey him, I would be put out on the streets. I feel that I cannot behave humanely under my own roof.
Expert:  propertylawyer replied 1 year ago.

Hi

As a lodger you do not have the same rights. That said harassment is potentially a criminal matter. Harassment is when someone behaves in a way which makes you feel distressed, humiliated or threatened. The test is whether most people or a reasonable person would think the behaviour amounts to harassment - the landlady does something deliberately that interferes with your enjoyment of the property and is intended to make you leave, or take away your rights. This includes using threatening behaviour or being physically violent.

This issue is proving it. The landlady could dispute this. Without any witnesses it would be your word against hers.

Customer: replied 1 year ago.
Well I was certainly distressed and humiliated. I will try my best to record or write down our conversations in future. I will keep a diary of events, so that if my relationship with them does deteriorate or become severe, I can possibly take legal action. The neighbours were able to hear me being shouted at BTW, and my housemate has also been belittled and humiliated by the landlady's boyfriend. I guess for the meantime then, I just have to stay relaxed and note down the conversations that we have? It feels as though I'm eventually going to be kicked out, because her boyfriend is very narrow minded and acts like a dictator. He doesn't listen to anyone. He just shouts down at them. It's all one way traffic.
Expert:  propertylawyer replied 1 year ago.

Hi

I do appreciate that this is a very distressing arrangement. If any incidents have happened in the presence of the housemate will they act as a witness. You could both file a report with the police, not report it for the landlady/boyfriend to be questioned just a report to have incidents on file to be considered if you wanted to progress the matter in future. you and the housemate could do this together.

Maybe it is best to find somewhere else to live asap.

Please rate/accept my replies so that i receive credited for helping you today.

good luck.

Customer: replied 1 year ago.
your help has been excellent. Thankyou very much for your time and advice. I will definitely be using these services in the future.
Expert:  propertylawyer replied 1 year ago.

Many thanks

All the best

Paul

Expert:  propertylawyer replied 1 year ago.

Please can I ask you to take a moment to accept / rate my reply / advice in order to receive credit for my time in assisting you today. Thanks very much.

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