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Ash
Ash, Solicitor
Category: Property Law
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Experience:  Solicitor with 5+ years experience
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I need a legal advice. My lodger forced me to sign an

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Hello, I need a legal advice. My lodger forced me to sign an assured shorthold tenancy contract. He threatened me so i signed. Now he is claiming that i have rented him out this whole place. He is renting 1 room not the entire place and as a resident landlord, i have been staying here regularly. The police gave him back the key to my apartment. I dont know what to do to solve this.
He has guests living in his room and he lives in the living room. This is a breach to an assured shorthold contract which is not applicable in our case.
Submitted: 11 months ago.
Category: Property Law
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 11 months ago.
Sorry I need a quick answer please, i have an emergency.
Customer: replied 11 months ago.
Is it possible to have an answer in the next hour?
Customer: replied 11 months ago.
More information: we never signed a contract back in Feb 2014 until June 2016 when he forced me to sign a contract because he wanted housing benefits. I used to come whenever I wanted in the flat.
Customer: replied 11 months ago.
How do i prove the shorthold tenancy contract is fraudulent? My tenant forced me to sign the contract and never gave me a copy back. I have my own room in my property and come often. I spent lot of time abroad but come back to my property regularly, every month.
He is renting 1 room but now he is claiming to rent the entire place.
He moved in in Feb 2014. The "fraudulent contract" was signed in June 2016 because he threatened me. Is that contract valid? The contract signed in June 2016 pretends starting from Feb 2014. Is it legal and valid?
I claimed i dont live here and i am not a resident landlord. But I am here every month and abroad temporarily for studies.
Customer: replied 11 months ago.
BTW there is no hard copy of the contract. It all done online.
Customer: replied 11 months ago.
Never got a copy of it with all signatures. I have attached the doc.
Customer: replied 11 months ago.
Can you please clarify my status as a resident landlord please? I have no home abroad, my flat here is my main and only residence. I stay at relatives on their couch when abroad and I am back in my flat almost every months.
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you.

Why don't you just apply for a court order to get him removed?

Customer: replied 11 months ago.
Because he has been agressive and shouting at me. I am scared in my own property and basically lives in my room to avoid him.
Expert:  Ash replied 11 months ago.

Ok. Then you need to seek a court order for possession and an injunction.

The possession order requires him to move out and an injunction stops him contacting you directly or Indirectly.

If he breaches that order preventing contact this could be contempt of court which he could be warned, fined or sent to prison.

Technically as a lodger only you could just change the locks, but you may just want a court order for the avoidance of doubt

Can I clairfy anything for you about this today please?

Alex

Customer: replied 11 months ago.
Thanks Alex. I actually changed the key but he provided the "invalid contract" and the Police told me to give him a key.
He signed a paper with the police that he would leave by Aug 31 but hasn't paid rent for the month, I am not covered if any damages. I really just want to clarify that I am a resident landlord even if i travel a lot for work and studies. The contract is not applicable in that situation. He was juste renting a room not the whole property.
Customer: replied 11 months ago.
He basically lied about our agreement of Jan 2014 (renting 1 room) and branded the "invalid contract" signed in Jun 2016. I was quit scared and hesitant to take actions but I want to cover my situation in case he makes further false declarations.
Customer: replied 11 months ago.
Just want to protect myself really. He has been extremely deceitful.
Expert:  Ash replied 11 months ago.

Yes indeed. Get a court order, that will be the best option. Then he can't claim anything.

Does that clairfy?

Customer: replied 11 months ago.
The court would be perfect but I dont want to go just for the sake of it.
I would like to know if I stand a chance. 2 problems to clarify :
1_ My status of a resident landlord to confirm please? He challenged it because i travel a lot.
2_ The assured shorthand contract i believe to be not applicable?
Expert:  Ash replied 11 months ago.

1. You are and no, you it can't be challenged even though you travel

2. yes AST isn't applicable.

Does that clairfy?

Expert:  Ash replied 11 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

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Customer: replied 11 months ago.
Hello, is a shorthold tenancy contract valid when there is a resident landlord? In the present case, on the contract both parties have the same address. Does it make the contract invalid?
Expert:  Ash replied 11 months ago.

No, you cant be live in Landlord. He can ONLY be a lodger.

Customer: replied 11 months ago.
Ok, thanks.

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