How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask propertylawyer Your Own Question

propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 233
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
94563951
Type Your Law Question Here...
propertylawyer is online now

I have a tenant living in part of my property, he owes £857

Customer Question

I have a tenant living in part of my property, he owes £857 in rent, rent is £120 per week including bills, he has written me a letter saying he has other bills to pay so will not be paying the rent, he signed a shorthold tenancy agreement, is he an excluded occupant because i am a residential landlord, he is threatening to sue me for 3 times the bond and more for harrassment as i ask him to pay the rent, i didn't put the bond with the Landlord deposit scheme because as i live in the property i didn't think i had to, he is constantly saying he is going to bubble me to the inland revenue and the borough council, i am a pensioner and he is now harrassing me, how do i get rid of him
Submitted: 2 months ago.
Category: Law
Expert:  propertylawyer replied 2 months ago.

Hi

Firstly, the Assured shorthold tenancy is not applicable to the let. Your tenant is a lodger and as such is an excluded occupant, as you rightly said. As this is a lodger arrangement the deposit does not need to be registered with a tenancy deposit scheme, your lodger is using this to intimidate you.

You can evict the lodger once you have been given reasonable notice. You may need to give 2 months notice in line with the written agreement.

You do not need a court order to evict you.

If you have a fixed-term agreement, you can only evict the lodger during the fixed term, unless there's a break clause in your agreement.

You can serve notice on the tenant, use the deposit against any arrears and Sue the tenant in the small claims court for the remaining arrears.

Expert:  propertylawyer replied 2 months ago.

The lodger cannot sue you for 3 x deposit.

You can report his intimidating behaviour to police,it is harassment.

Expert:  propertylawyer replied 2 months ago.

Further info, if the lodger won't move out, after you have given notice and the period expires, you can change the locks while the lodger is out and remove the lodger's belongings from the property and place them outside.

You do not need to go to court to evict the lodger.

Any questions or queries? .

Customer: replied 2 months ago.
are you 100% that it is excluded occupancy, because i dont want him suing me for illegal eviction, we only share the utility room & a back door, is this classed as a living area, i would like to evict him today as he has started to damage the property, ie physically removing the smoke alarm from the ceiling as it needed a new battery, also he is smashing the crockery, he has also put an additional lock on the door to the utility room, he also tripped the electrical power circuit to the whole house. Also can we pack his stuff up or should he do it himself.
Customer: replied 2 months ago.
what is a break clause, is non payment of rent classed as this, does that not make the tenancy agreement null & void, it does say that if the rent is not paid for 21 days the agreement comes to an end.
Expert:  propertylawyer replied 2 months ago.

Any damage caused is criminal damage. That should be reported to the police.

Do you share any living space with the 'occupier'.? I.e lounge, kitchen, bathroom. If not then the occupier may have basic rights and you will have to serve the proper notice, likely to be two months under the AST you entered into. When was the tenancy granted and for how long?

Break clause has nothing to do with non payment. It's a clause allowing early termination.

The 21 day clause is probably the forfeiture clause but this is fairly toothless in residential Tenancies. A small payment towards rent could defeat the provision.

This is a simple question and answer service. You have a difficult situation. It will depend upon the living arrangements as to whether the occupier is excluded or has basic rights. The tenancy agreement which you and the tenant completed has to be considered in light of the status of the tenant. If the tenant has basic rights then proper notice must be served and you will need a possession order from the court.

Non payment of Rent is a ground to apply for possession and depending on the type of notice served there is a set notice period, which can be as little as two weeks. Damage to property is another ground.

I would advise going to a local firm which has a property litigator. Have a ring round, sometimes you can get an initial meeting free if charge. Ensure to have at hand details of arrears, any written demands, and written correspondence between you and the occupier, details of intimidating behaviour (what when), details of any damage to property, what / when. The litigator can assess the appropriate notice and serve.

Expert:  propertylawyer replied 2 months ago.

Any questions or queries?

Happy to assist further.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions