Charlie Brown Posted December 8, 2007 Report Share Posted December 8, 2007 Hi Need some really good advice concerning 'the flatmate' please. To summarise, the flatmate signed a tenancy agreement for 1year from the 28th January 2007. with a six month get out clause. In August I verbally informed her that her contract would not be renewed in January. A formal letter followed in October. She leaves piles of clothes in the comunal living area which I have had to move to her room. She says that I have broken the law by entering her room. Is this true? She is claiming that I am making her life hell, but I know she is making my life hell! is there anyway I can get rid of her before Jan 08. I have been really patient, but I am now at the end of my rope. She is delibrately being difficult and in turn is making living in my own home a miserable experience for me. Is there anyway I can give her the boot sooner rather than later? I am desperate. CB ps. thanks in advance Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted December 8, 2007 Report Share Posted December 8, 2007 If this is your propertyand your home ie you are resident there ...then this person is no more than a lodger and can made to move out "immediately" ... Link to comment Share on other sites More sharing options...
GPEL Posted December 8, 2007 Report Share Posted December 8, 2007 What sort of tenancy agreement was signed? If you used an AST it shouldn't have been and not valid as such. If it's a contractual agreement or license and there are breeches then give notice and tell her she's to leave. Hopefully, you've there's no lock on her door as this may constitute a bed-sit and complicates things. Link to comment Share on other sites More sharing options...
Charlie Brown Posted December 9, 2007 Author Report Share Posted December 9, 2007 What sort of tenancy agreement was signed? If you used an AST it shouldn't have been and not valid as such. If it's a contractual agreement or license and there are breeches then give notice and tell her she's to leave. Hopefully, you've there's no lock on her door as this may constitute a bed-sit and complicates things. It is a AST - so maybe I am in luck yippee! Also having gone through the AST which may actually be invalid a clause which we both signed and agreed to had been added. the clause says that the contract can be broken after 6 months subject to a 2 months notice. I gave her a verbal notice in August, followed by a letter in October. (The delay was because she cried!) Anyway the date given to leave was the 28th January 08. Would I now be able to move her out immediatley? I just need to be confident that there will be no legal implications. Thank you. CB Link to comment Share on other sites More sharing options...
Charlie Brown Posted December 9, 2007 Author Report Share Posted December 9, 2007 What sort of tenancy agreement was signed? If you used an AST it shouldn't have been and not valid as such. If it's a contractual agreement or license and there are breeches then give notice and tell her she's to leave. Hopefully, you've there's no lock on her door as this may constitute a bed-sit and complicates things. I have looked into this a bit more and have found that a common law tenancy should have been signed for a lodger and resident landlord. Is this true? So, if the ASt is not valid would that mean that she has no leg to stand on? so could I give her 24 hours notice? Thanks CB ps very excited about the possiblitiy that I could be free from this brat very soon! Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted December 9, 2007 Report Share Posted December 9, 2007 I think you will find 24 hrs is sufficient .....did wonder why you yipeed at it being an ast !?? Link to comment Share on other sites More sharing options...
Charlie Brown Posted December 9, 2007 Author Report Share Posted December 9, 2007 I think you will find 24 hrs is sufficient .....did wonder why you yipeed at it being an ast !?? Great, thank you for your help. I am trust excited that there is light at the end of a once very dull tunnel! Thanks again for your help. CB Link to comment Share on other sites More sharing options...
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