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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice.
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I have given my lodger 30 days notice. I am selling my house

Customer Question

I have given my lodger 30 days notice. I am selling my house and a surveyor was coming round last Wednesday. He was given 3 days warning of this. She called round early and I was out and I forgot to give my husband the key to his door so he took off the side trim and slipped the lock. Both my husband and the surveyor went in together and left together. Please bear in mind he owes me 3 weeks rent. At 3pm that afternoon he phoned me and was complaining that we had broke into his room and £225 is missing. He called the police but they cant do anything because it cant be prooved any money was there he had no wittnesses. So now he said he going to see a solicitor and that we had no right to break in to his room. Can a solicotor do anything for him.

Also I accidently opened one of his letters the police are satisfied that it was an accident again can a solicitor help him on that
Submitted: 4 years ago.
Category: Property Law
Expert:  Remus2004 replied 4 years ago.
Thank your for your question. I will try to help with this.

How can I help with this?
Customer: replied 4 years ago.

JOMO1972

I have given my lodger 30 days notice in writing to vacate my home and I am selling my house so on Wednesday a surveyor called round, the lodger was informed of this 3 days before hand.

 

The surveyor was early because she had another appointment at 1pm, I was out when she called and I forgot to give my husband the key so he removed the side piece of wood and just just slipped the lock. Both he and the surveyor left together. My husband then got his hammer and went back up to nail the strip of wood back, my friend who lives in the room below went back up with him.

 

When the lodger came home the next day he then started complaining that we had illegally broke into his room and £225 was missing. He does owe me 3 weeks rent money and now he's saying that one of us stole it. He called the police but they say he cant prove the money was even in the room he had no witnesses,so they cant do anything. He's now saying he's going to see a solicitor.Can he do anything for him?

 

The other problem is I accidently opened one of his letters, the reason I did was because I never had my glasses on, the police are satisfied with this, again can a solicitor help him? I have told the police that he's taken advantage of the fact that he new we were going in to his room and as he owes rent what better way to avoid paying it by saying it was stolen, they agreed

Expert:  Remus2004 replied 4 years ago.
Ok.

So are you asking what action he could take?
Customer: replied 4 years ago.

JOMO1972


 



Yes I am with the evidence he has, the Police have dropped the case

Expert:  Remus2004 replied 4 years ago.
He could sue at the small claims court but then he has to prove what he alleges. He does only have to reach the civil standard rather than the criminal one which is easier to do and you cannot hide from that. However, he would need some evidence.

If he is and enough to take that action then you can always counter claim for the rent he owes you.

He won't instruct a solicitor. He won't be able to claim the cost back if he does so it won't be cost effective. If anything happens at all then he will claim as a litigant in person at the small claims court.

Hope this helps.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 4 years ago.

Yes it does help Thank you

Customer: replied 4 years ago.


I forgot to ask you to confirm the fact that I did/did not enter his room iiligally

Expert:  Remus2004 replied 4 years ago.
If you gave him 3 days notice by received means then you were entitled to enter unless he specifically objected

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