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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 32255
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My roommate has gone on vacation for a week, she has sent me

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My roommate has gone on vacation for a week, she has sent me a message saying that a friend of her, whom I do not know at all, is going to be in her room until she returns.I don't feel comfortable with this, especially since I have to be away from home many times for work.I don't want there to be a strange person in the house, not alone, not only with me.
And I dont want the friend has a key.I told her that something different is if she is in the house, because the friend will be her guest. But she didn't want return.can she force me to do it?

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

May I clarify if you have a means to prevent the person accessing the property please? Do they have a key do you understand?

Customer: replied 14 days ago.
In theory, that friend doesn't have the keys. But She told me that she did a copy for other friend '' in case'' she has any emergency. In conclusion, another person has a copy of the key.

Thank you. Though a tenant does have the right to invite guests into a property for a short temporary stay, having someone in the house in their absence is not a guest but rather it amounts to a subletting of the property which is all but certain to be prohibited under the tenancy agreement.

Accordingly I cannot see that they would have the right under the tenancy agreement to have other people stay in their room in their absence whether or not they are charging them for this privilege and you would be entitled to deny access. Of course if they have a key then you will have to consider how you would practically deny them access without changing the locks.

Customer: replied 14 days ago.
The contract say, only those who are in the contract can enjoy the house.My next question is, can I make her have to leave the house because of this conflict?I do not feel safe in my house with a person who does these acts or gives copies of the keys without my consent.

Do you refer to your flatmate or the guest please?

Customer: replied 14 days ago.
My flatmate.
The guest is not coming at the moment as I told her, your friend can come only if you are in the flat. And I can say to him cant enter if she is not in the flat.

thank you. You can't unilaterally deny access to your flatmate as they have equal and like rights in the property alongside you and have a legal right to occupy the flat. It is open to you to negotiate of course with the flatmate in this regard and either offer to assume liability for their portion of the rent in return for them leaving the property or  seeking agreement from them to find a replacement tenant to replace them on the tenancy either of which would require the landlords agreement

Customer: replied 14 days ago.
But, to confirm, as much as she wants to, if she's not in the apartment she can't force me to accept that someone I don't know is in the house in her absence. (Taking into account that the contract does not allow subleasing the room)Have I understood correctly?

I cannot see that she would have a contractual right as we have discussed above

Customer: replied 14 days ago.
thank you so much for your help. I feel more relax

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Joshua and 2 other Law Specialists are ready to help you
Customer: replied 14 days ago.
hello i had a call but it was a robot
Customer: replied 14 days ago.
no more
is it because you will call me after ?
Customer: replied 14 days ago.
hello ?
if you are not free , can we talk here?

I am very sorry to read of the above - I can see that my colleague appears to have tried to call you on several occasions though apparently from what you say, without success. Sadly I'm not able to call you myself as it was not me that picked up your call request but rather it was one of my colleagues. However customer services will be more than happy to assist you with reaching out to my colleague or alternatively, with a refund as you prefer. They can be contacted in a variety of ways including telephone, email and chat via the below link or on 0808(###) ###-####

https://www.justanswer.com/help/contact-us

I am happy to continue to assist here in chat if you would like.

Customer: replied 14 days ago.
She asked to the agency, and the agency tell her yes she can do. But im not agree with that, also they didnt know im not happy with that decision. Can I do something, i dont feel safe in my place with that guy.

If the agency has given her permission then this may not be a breach of the tenancy. However you may wish to speak to the agency to express that what is being proposed amounts to subletting which is not in the landlords interest nor are you happy about the situation and ask that they reconsider their permission