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Clare, Solicitor
Category: Property Law
Satisfied Customers: 35056
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Myself and my ex own a property together jointly. Before we

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Hi, myself and my ex own a property together jointly. Before we separated, we had a lodger for a fixed 12 months period. We both live in a three bed property and I am in the small double room. The 12 months will expire on the 28/10 and I have spoken to the ex and do not wish to continue the arrangement. He insists that he stays and refuses to swop rooms so I have an equal size room as the ex. He will not let me serve notice to the lodger because it is his friend. What can I do?

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

May I ask why you are not selling the property?

Customer: replied 1 year ago.
Hi Clare,We are in a fixed period for three years. We have just passed the two year marker in August 2016. There is a penalty by the mortgage company in the region of £9k.Thanks

That makes perfect sense.

As a joint owner you are entitled to tell the lodger that he will no longer be welcome after the set date.

Once the date has passed he will only be able to stay in the property whilst your ex is there as his guest.

When your ex leaves then the lodger will have no right to be there and you can ask him to go out.

If he refuses to leave then you can call the police to force the issue

Of course when your ex returns then his guest can return - but of course you can move things round so that he no longer has the room he has now.

I appreciate that this is not the perfect option but it is the only one available to you unless you wish to force the immediate sale of the property

Please ask if you need further details

Clare and other Property Law Specialists are ready to help you