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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69519
Experience:  Over 5 years in practice.
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Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

Mr Wallace has lent a room to a paying guest. This guest caused some damage in the property and has been disrespectful, being dirty, bringing strangers into his room and refusing to keep the shared living space in good order. When he is asked to clean or repair his damage he refuses.


There is no tenancy agreement but he does pay monthly.


 


Mr Wallace owns the property and shares the facilities with his paying guest. He was given notice to leave. Upon this notice he became threatening, abusive, used racial abuse, threatening behaviour and fired off a number of race related comments. He has also obtained a photograph and has photoshopped it, changing its nature to imply inappropriate activity - the guest sent this to his partner to cause internal disharmony. He also used abusive language and forced himself into his room and refused to leave.



The police were called twice on Saturday to remove him but they did not take any action, stating a civil matter. Mr Wallace has since been under constant abuse in his home and needs advice on how to remove this person (who has also threatened to sabotage his job as a teacher by casting rumours to the head).


 


Mr Wallace is facing mental and emotional abuse in his own home. He is suffering ill health from this. He has 28 days of increasing levels of assault to face and this individual has claimed he can stay 6 further months.


When we went to the police again this evening, they suggested an injunction. Can you help us?

Customer: replied 2 years ago.

In addition, the paying guest has been threatening malicious intent.

Expert:  Remus2004 replied 2 years ago.
So, in short, you want to evict a tenant?
Customer: replied 2 years ago.

Yes. What would be best is to get a court order (an injunction) to get him to leave the property. If he doesnt the he can be arrested.

 

He is abusing and a I believe a sociopath - he further attacked Mr Wallace this evening. The police had deemed it a civil matter.

 

What can we do?

Expert:  Remus2004 replied 2 years ago.
Do you own the house and is this person paying to live in just one room sharing amenities with you?
Customer: replied 2 years ago.

Yes, the house is owned - mortgaged, but owned. The person lives in one room and shared amenities. We are concerned that he will do physical harm to the property and escalate his harassment.

Customer: replied 2 years ago.

We dont know what we can do - how to approach a court.

Expert:  Remus2004 replied 2 years ago.
Thanks

You need to give him written notice of no less than 28 days.

Upon the expiry of 28 days you can literally wait until he goes out and then change the locks after him.

He is just a lodger not a tenant. You do not need a court order two victim him. You just need to give him reasonable notice and then take self help steps.

In terms of an injunction order, there is absolutely no point. You so not have grounds to exclude him from the house that would get rid of him any faster than the normal notice period would.

If he returns after the eviction date then you can seek a on injunction to stop him returning easily enough.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Sorry, this is at odds to the advice given by the police. They suggested a court order to remove him quickly from the property as he is being racially abusive (as stated in the first message), he is also being threatening.

Expert:  Remus2004 replied 2 years ago.
Thank you. You have left a negative rating but asked for more information which seems inconsistent. I will be happy to carry on with this if the negative rating was a mistake. I know thats easy to do as I’ve done it myself in other categories.


Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69519
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Sorry, it was a mistake - I will amend.


 


We need him out of the property as he is harassing and emotionally attacking at every opportunity, such as threats and slander.


 


The police suggested a court order, as the situation has another 28 days to play out - as that was the notice Mr Wallace gave the guest to leave. But since then the guest has become terrible and harassing, making it almost impossible for Mr Wallace to stay in his home.


 


How can we remove him?

Customer: replied 2 years ago.

Please take time and re digest the context of my query and advise on how to evict him quickly.

Expert:  Remus2004 replied 2 years ago.
Sorry for the delay overnight.

The police are not civil lawyers or actually criminal lawyers either so not a good source of legal advice. They tell everybody to seek injunctions.

I suppose you could try to seek an injunction on the basis of harassment but there is cost in that and its not necessarily faster than just giving him notice.
Customer: replied 2 years ago.

Thank you for the advice. There have been some developments since yesterday. The paying guest has requested to leave the property this Sunday, he claims that it was illegal to try and forcably evict him (even thouhg he was threatening and had no tennancy agremment).


 


He also said his leaving is conditional on the return of his remaining rent and his full deposit.


 


My question is:


 


1) Can he set conditions on his leaving - he has said Sunday.


 


2) As he is now giving notice earlier than the 28 days, can we reclaim lost income back from him?


 


3) Can he set as a condition to vacate the property, the full refund of his damage deposit?


 


Many thanks for your help.

Expert:  Remus2004 replied 2 years ago.
1 Well, it depends what you mean. He needs to give proper notice and Sunday is not sufficient. He can go Sunday but you can keep his deposit to reflect that.

2 No, but you can keep the sum of his deposit that covers his rent. If you do that though then he may stay as he is entitled to do.

3 Not in law but the problem here is that you want him to go so agreeing would make sense.

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