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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4668
Experience:  LLB (Hons)
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Are you there? London, England, What? I haven't even told

This answer was rated:

Hello are you there?
JA: Where is this? It matters because laws vary by location.
Customer: London, England
JA: What steps have been taken so far?
Customer: What? I haven't even told you the issues
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Customer: replied 1 year ago.
This is silly, you are supposedly reviewing a question but I haven't even sent you one!

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Did you have a question for us?

Customer: replied 1 year ago.
This is a long story - My mother pays my rent as I have come into hardship. She pays £2000 a month. She then told me I had to find a lodger to pay towards the rent or she would stop helping me. So I found Gennaro and he agreed to pay £800 towards the rent. We wrote up a lodgers agreement which was illegal as my lease says no subletting. That is my mistake and a huge regret. He has become psychotic, threatened me and developed extreme paranoia and aggression. He is accusing me of all kinds of crazy things and blackmailing my m other for £2000. What rights do I have? Can I change the locks when he next goes out? Or because of the illegal lodger agreement can he call the police if I do and have me arrested???
Customer: replied 1 year ago.
No I do not want a phone call... I am in the house with the psychotic house mate who listens to all of my calls!
Customer: replied 1 year ago.
Are you there?
Customer: replied 1 year ago.
I thought this was supposed to be a live chat?

Have you given him notice in wirting?

Customer: replied 1 year ago.
I'm sorry but I am a little concerned. I am talking to a lawyer but you cannot spell writing?He blackmailed my mother saying if she paid him £2000 he would move out next friday. She agreed because she fears for my safety as do I. He then added 12 other stipulations so she refused to pay him.

Ok, I will opt out to see if others can help.

Customer: replied 1 year ago.
I have given him 2 months notice but because of the lodger agreement that is illegal. So does that still stand or not?
Customer: replied 1 year ago.
Hello? Please can someone help me?
Customer: replied 1 year ago.
Hello?!?!
Customer: replied 1 year ago.
Please!

Hi, I'm Lea and I have reviewed your query.

I can see that the other expert has opted out.

Do you still require assistance with this?

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 1 year ago.
please help me
Customer: replied 1 year ago.
Please stop sending me option to call as I am in the flat with the psychotic house mate in question who listens to all my calls.

The phone option is automated - I have no control over that - but as you'll see from my first response, I'm not available for calls.

Why do you think your lodger agreement is 'illegal'? Does your tenancy agreement expressly deny you the opportunity to have a lodger?

If you have a copy of the agreement as a PDF, please attach it.

Customer: replied 1 year ago.
it does expressly deny it. I can send you both documents.
Customer: replied 1 year ago.
Thank you for helping me Sash... if that is your name.

My name's Lea - it's in my first post. :o)

Let me review your documents...

Have you notified your landlord that you have a lodger?

Customer: replied 1 year ago.
Thank you very much Lea x

Have you notified your landlord that you have a lodger?

Hello?

Customer: replied 1 year ago.
I have no contact with my landlord, I deal with Claire and Jay at Touch Property who look after the property, And yes I have come clean and told them.
Customer: replied 1 year ago.
They have suggested they come and change the locks but wanted me to check with you if that would be a bad thing to do

My first suggestion was that you tell the landlord, but as you have told the agents that is excellent, and they are clearly supportive. Your tenancy agreement actually doesn't prohibit subletting or lodgers it says you have to have permission, and now that you have notified the agents and they are supportive you don't need to worry about the lodger's threats anymore.

If you have given this lodger appropriate notice, then you can change the locks on the day that notice ends. It is perfectly legal to do so and the police have no jurisdiction over this as it is a civil matter not criminal (unless there is abreach of peace etc.)

Customer: replied 1 year ago.
But the notice ends in two months and meanwhile I fear for my safety. I cannot get him out before?
Customer: replied 1 year ago.
Can you confirm if the lodgers agreement I made with him is a legal one?

If the landlord's agents have said you can have a lodger then the agreement is perfectly legal...and even if you were not supposed to sublet, that is a matter between you and your landlord, nothing to do with your lodger. Your lodger doesn't have any extra rights - he's an excluded occupier.

You have to give him reasonable notice - so if your agreement says two months, then it'll have to be two months. The alternative, if he is violent or aggressive, is to have him arrested and removed.

Customer: replied 1 year ago.
No I never said that they said I can have a lodger. I confessed to them today that I had written a lodger agreement and they said that is a breach of contract. But they are good people and want to help me get him out of my flat as he is 6ft 4, delusional and paranoid.
Customer: replied 1 year ago.
if the property agents say it is not acceptable does that then mean the lodger agreement is still legal or not?
Customer: replied 1 year ago.
Can I change the locks on my door when he is out if I am scared?

They are willing to help you get rid of him, that is the only thing that matters - accept their help, get the locks changed.

Customer: replied 1 year ago.
But if I get the locks changed can he use the lodgers agreement against me?
Customer: replied 1 year ago.
Can you please confirm if it still stands as a legal document even if the agents say it is breach of contract?

You didn't have the right to give him an agreement, so it is not a legal document in that sense. He should not be there.

Customer: replied 1 year ago.
What if he calls the police? Legally is he allowed access?

No, once he is evicted his rights are over.

You do, of course, have to give him his belongings.

Customer: replied 1 year ago.
thank you so much for your wisdom and guidance Leah

You're very welcome.

Keep safe and if he causes any fear to you then call the police.

SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4668
Experience: LLB (Hons)
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