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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4820
Experience:  Owner at James Bruce Solicitors
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I am having a problem with a tenant who is refusing to leave

Customer Question

Hi. I am having a problem with a tenant who is refusing to leave the property after the notice period. He lives in my same address but have a separate kitchen and living area. Need help with court order to make sure I evict him as soon as possible. Thank you
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: locked him out today and called the police l. But police said had to let him in
JA: Where is the property located?
Customer: there is case with police
Customer: hounslow
JA: Anything else you want the Lawyer to know before I connect you?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Notice was by message to the boy girlfriend as most communication was done from her phone
JA: OK. I'm sending you to a secure page to join JustAnswer. While you're filling out that form, I'll tell the Expert about your situation and then connect you two.
Submitted: 24 days ago.
Category: Law
Expert:  james bruce replied 24 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Expert:  james bruce replied 24 days ago.

What type of rental agreement does the person have?

Customer: replied 24 days ago.
Just sent a pic. But as per police he is not excluded licence because he doesn’t share kitchen or any living area with us
Expert:  james bruce replied 24 days ago.

So they have a lodgers agreement.

When did you serve notice and how much notice did you serve?

Customer: replied 24 days ago.
1 month notice served on 26 april
Customer: replied 24 days ago.
Via message
Customer: replied 24 days ago.
Also by law is it illegal to cut water and electricity to the loft?
Customer: replied 24 days ago.
Where he is staying
Expert:  james bruce replied 24 days ago.

No you cannot cut off utilities.

The notice to leave should have been served officially in writing and delivered directly to him.

Customer: replied 24 days ago.
He can say he didn’t receive it
Expert:  james bruce replied 24 days ago.

That is why it should be sent recorded or registered post. Proof of postage. No proof of receipt.

Customer: replied 24 days ago.
He seems professional with this and I am sure he did the same thing with previous landlord
Customer: replied 24 days ago.
We live in same house
Customer: replied 24 days ago.
I see what you mean
Expert:  james bruce replied 24 days ago.

May lodgers/tenants do know the system far better than those they rent from.

Customer: replied 24 days ago.
What’s your advise
Customer: replied 24 days ago.
Yea they are
Expert:  james bruce replied 24 days ago.

Do they share any rooms with you?

Customer: replied 24 days ago.
No
Expert:  james bruce replied 24 days ago.

Then as they have exclusive use of their own facilities and do not share with you, then they are unlikely to be lodgers but rather tenants. Is this case your agreement is not correct and they have tenancy rights.

Customer: replied 24 days ago.
Ok thank you
Expert:  james bruce replied 24 days ago.

Your welcome.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.