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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 17740
Experience:  Solicitor
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Our lodger rented one room in a shared house. He intimidated

Customer Question

Our lodger rented one room in a shared house. He intimidated the other lodger into leaving after 4 days, breached lockdown regularly having overnight guests. He smokes in the property he regularly leaves the property unlocked when he is in or out of the house. Today we managed to enter the property despite the fact that he changed the locks on our property. He is now threatening us with a legal injunction
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: we have served him with notice to quit notice. He has not paid the rent, council tax or tv license
JA: Where is the house located?
Customer: we have spoken to the police re the breaking of lockdown surrey
JA: Anything else you want the Lawyer to know before I connect you?
Customer: we have moved in to the other rooms in the property. He is threatening us as he says we are harassing him
Submitted: 2 months ago.
Category: Property Law
Expert:  Jamie-Law replied 2 months ago.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Expert:  Jamie-Law replied 2 months ago.

Just to be clear, he is a lodger, so you are a live in Landlord?

Customer: replied 2 months ago.
It was a shared house. He had a rental agreement for 1 room. He moved in first.
It was agreed others would move in with him.
We have moved in today
Customer: replied 2 months ago.
It is too small to be an HMO. We discussed when he moved in that our 19 year old son may move in and that we would retain 1 room in the house for our use
Customer: replied 2 months ago.
It was advertised via Spare room.com
Expert:  Jamie-Law replied 2 months ago.

Did the Landlord live in?

Customer: replied 2 months ago.
Please can you answer or refund the £5.
Customer: replied 2 months ago.
We had a room which was for our use. We are living in the property now
Expert:  Jamie-Law replied 2 months ago.

Yes, but does the Landlord LIVE IN?
It makes no difference whether you have a room or not.

Does the Landlord live in?

Customer: replied 2 months ago.
I have answered this 3 times. He has been at the property for 1 month. We are the landlord. We moved in yesterday.
Expert:  Jamie-Law replied 2 months ago.

But until you changed the locks you had moved lived in, right?

Customer: replied 2 months ago.
Please can you answer our question
Customer: replied 2 months ago.
He changed the locks on our property
Customer: replied 2 months ago.
He changed the front door locks, we entered with our own key to the back of the property.
Customer: replied 2 months ago.
We did not break in. I have checked with the police and a lawyer that we can legally be here
Customer: replied 2 months ago.
Can he serve us with an injunction
Expert:  Jamie-Law replied 2 months ago.

I can answer the question, BUT you need to provide me with the information I ask to provide the correct legal answer.

But until you changed the locks you had moved lived in, right?

Customer: replied 2 months ago.
Our lodger moved in first. We asked him to leave he refused and changed the locks so we have moved in
Expert:  Jamie-Law replied 2 months ago.

Forgive me, when the lodger had moved in, as Landlord were you living in the property at the same time?

Customer: replied 2 months ago.
No
Expert:  Jamie-Law replied 2 months ago.

Then you needed a Court order. They are not a lodger.
Can they get an injunction - yes.

They have protection under the Protection From Eviction Act 1977.

A Lodger is where a Landlord lives in. You did not.

As such you only moved after the locks were changed.

If you were a live in Landlord you would have been fine, as he would be a true lodger.

But you had not and as such he isn't a lodger and you needed a Court order.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest

Can I clarify anything for you about this today please?

Customer: replied 2 months ago.
How do we get a court order? What do we do if he serves an injunction? How is it legal for him to change the locks on our property?
Expert:  Jamie-Law replied 2 months ago.

You would need to complete form N5:

https://www.gov.uk/government/publications/form-n5-claim-form-for-possession-of-property

Form N119:

https://www.gov.uk/government/publications/form-n119-particulars-of-claim-for-possession

If you are served with an injunction you can go to Court and attend and contest it if you wish

Does that clarify?