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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Thank you for the advice. A paying guest has requested

Resolved Question:

Thank you for the advice.

A 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). The paying guest was racially abusive and the police were called out twice.

He initially refused to leave for 28 days, now he is willing to exit the property on Sunday - but he has set conditions: 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.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Does he just rent a room please?
Customer:

yes

Customer:

Just a room, and shares the rest of the living space / bathroom, kitchen etc.

Customer:

He was given notice earlier on Saturday, then in the evening he returned with a stranger and became racially abusive and threatening.

Customer:

The police were called twice but they said it was a civil matter

Customer:

The paying guest claimed he has a right to stay for 6 months

Customer:

Then he said he would vacate by the 28th of March - as requested by the flat owner.

Customer:

However, after the abuse and malicous events, he was asked to leave in 24 hours but he refused.

Customer:

Now he has said he will leave on Sunday

Customer:

But with these conditions:

Customer:

The return of his remaining rent (paid on the 1st of March, the day he was asked to leave) and the return his full damage deposit (despite having damaged the property)

Customer:

So my question is: 1) Can he set conditions on his leaving - he has said Sunday

Customer:

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

Customer:

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

Customer:

Im about to go into a meeting - I am at work, but look forward and appreciate your advice.

Alex Watts : 1) No he can not, he is a lodger and had no rights.
Alex Watts : 2) You can do this anyway yes
Alex Watts : 3) No
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Hi, thank you for answerinf my questions -thats been very helpful.

Customer:

Do you have any advice on how we should proceed when he leaves?

Alex Watts :

You would need a forwarding address to issue proceedings if there are arrears or amounts owing.

Alex Watts :

Further you must make sure you have the key or change the locks in any event.

Alex Watts :

That is it.

Alex Watts :

Does that clarify further?

Customer:

Yes, thank you for the advice.

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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