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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a lodger who wont move out and has now subletted one of my rooms without my permiss

Resolved Question:

I have a lodger who wont move out and has now subletted one of my rooms without my permission? she was given 5 weeks notice to move and she didn't even have a tenancy but now she refuses to move, has forged my signature on tenancy she has drawn up for the sub letted room
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : for now please confirm you are living in the property? Has any locks been changed on the door of this room?
Customer:

The property is my partners, he was living in the property and is still technically living there though to be honest he stays with me or his mum a lot because he didn't feel comfortable

Customer:

No locks have been changed yet, we gave notice on the 5th December via written letter which asked her to move out on the 12th jan

Customer:

we planned to change the locks on the 12th and then give her a date to collect her things if she hadn't moved by the 12th...but things went wrong today when my partners parents went to check on the property and found that she had sublet another one of the room to another women and had drawn up a fake tenancy for this other women... and forged my partners signature. It resulted with my partners parents being escorted off the property by the police. help

Customer:

Hello?

Alex Watts : So this sub tenant do they think they are renting the whole property or just a room?
Customer:

a room, but they are both a prob the first tenant who caused all this trouble was given notice to move for the 12th jan but clearly refused and has brought in a sub tenant who thinks they have a room. its fraud to forge a signature but right now we just want them both out. Neither have a tenancy written by my partner the first lady was to rent a room, the second sub tenant has just moved in without our knowledge or permission. The house is in teds name, his mortgage and he is still registered there

Customer:

legally can we get the women out by proving the sub tenancy was fake and also that notice was given for the first lady to move on the 12th.

Alex Watts : is the woman just renting a room ?
Customer:

yes

Alex Watts : ok, yes you can but to be fair to the woman you need to give her a week or so notice. It's not her fault. However the Police should be looking into this.
Alex Watts : What your Tenant has done is fraud by false representation.
Alex Watts : The police can investigate and prosecute your old tenant.
Alex Watts : But you can give notice to this woman, so she can get herself sorted and then go in and change the locks.
Alex Watts : If they are just renting a room, rather than the whole property you don't need a court order.
Alex Watts : If they were renting the whole property, no matter if the agreement was forged, you would need a court order.
Alex Watts : But an offence under the fraud act appears to have been committed
Alex Watts : Can I clarify anything for you about this today please?
Customer:

my partner wants to go to the house tonight and remove the new sub let ladies stuff from the room would you advise against this

Alex Watts : I would, it's not her fault.
Customer:

and suggest I write a letter to the sub let saying we had no knowledge of you moving in but we give you one week to move out

Alex Watts : Imagine if it was the other way around, you would at least want some notice wouldn't you?
Customer:

of course

Alex Watts : Yes I would do that
Customer:

I have been very understanding but this lady sublet called the police on my partners parents. it was very upsetting

Alex Watts : Indeed.
Customer:

what can we do about the forged tenancy can we ask for it from this new lady we obviously don't have one and call the police

Alex Watts : In any event I would go to the police and give a copy of the agreement. Yes you can ask for a copy of the agreement or go to the police and they can seize it
Alex Watts : They can then investigate and prosecute
Customer:

thank you

Customer:

can I copy this conversation or have my answers somehow

Alex Watts : Yes. Once you rate the format changes so you can print it or copy it
Alex Watts : Can I clarify anything else for you today?
Customer:

yes the room was locked

Alex Watts : ok
Customer:

we had an agency to go round to take pictures to let the whole property out

Alex Watts : ok
Customer:

the agent left the spare room unlocked which is how the sub let moved in

Alex Watts : ok
Customer:

would it be ok to remove the sub let womens stuff from the room or would that cause more trouble

Customer:

my partner asked me to ask you this

Alex Watts : i would not do that at this stage
Customer:

so to clarify

Alex Watts : yes?
Customer:

1 - call the police and report the signature fraud

Alex Watts : Yea
Alex Watts : Yes
Customer:

2) stick with the date of the 12 jan and if caroline does not move out change locks

Alex Watts : Yes
Customer:

3) write a letter to caroline to clarify this is what we are doing

Alex Watts : Yes
Customer:

4) write a letter to the sub let giving them a week to move out of property

Alex Watts : Yes
Alex Watts : and say why of course
Customer:

and then if nothing happens change the locks and call the police again

Alex Watts : Yes
Customer:

sorry one last question

Alex Watts : Of course
Customer:

the lady who we originally rented the room to has put her furniture in the lounge and taken over the house

Customer:

does that make a difference even though a room let,

Customer:

my partner is worried its like squatting

Customer:

we are also concerned she will lie more and more, so I guess best bet is to call police today and start reporting what has happened to cover us.

Alex Watts : You can ask it now if you want?
Customer:

Does it make a difference to the room let that this lady has taken over the lounge?

Alex Watts : No
Alex Watts : Mo
Customer:

Thank you

Alex Watts : As long as she does not have the whole house to herself you are ok
Customer:

can I document this conversation

Alex Watts : Yes once you rate the format changes so you can keep or print it
Customer:

no she doesn't ted doesn't visit much but he goes every week without fail and has a key to document

Alex Watts : ok
Customer:

thank you, t

Customer:

very very much

Customer:

you have helped me

Alex Watts : A pleasure
Alex Watts : Happy to help
Alex Watts : If I could ask you to rate my answer before you go today. The button should be at the bottom of the screen
Alex Watts : If you need more help please click reply
Customer:

ok thank you so much

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