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dynamiq
28-01-2008, 23:02 PM
Hi There,

I bought this property about 3 months ago for my main use, Due to personal circumstances I put one room to rent (Only for one month)and the Lady started her tenancy without paying any deposit and she always paid her rent late. I was actually away from the Country during her stay and when I came back, I asked for rent and deposit and she never did. I never stopped her coming into the house and I only asked for the deposit and rent. So I adviced her to leave the property after one month (When her contract ended).

Now I have recieved a Inconjunction Notice that I have illegally evicted her and changed my door locks.
What shall I do ?

Please help??

Surrey
28-01-2008, 23:06 PM
Do you live in the house as well? It makes a real difference.

dynamiq
28-01-2008, 23:21 PM
I bought this place 3 months ago and I spent 40 days redecorating the whole and me and my brother lived there with another friend. As we were going abroad, I decided to put one room on rent to cover the finances.

Ericthelobster
29-01-2008, 00:02 AM
I bought this place 3 months ago and I spent 40 days redecorating the whole and me and my brother lived there with another friend. As we were going abroad, I decided to put one room on rent to cover the finances.
Yes but what were the relative timescales of you living there and moving out, and her moving in and out? (The length of time it took you to decorate isn't at issue...)

Bel
29-01-2008, 13:36 PM
If your main residence is elsewhere, then its illegal eviction

If it was your main residence before you got a tenant/lodger and always has been since, and you can prove it, then its not illegal evicition.

Get a solicitor now.

dynamiq
29-01-2008, 22:18 PM
This is and has been my main residence since i bought the place in Oct 2007. It only been three months and I have not changed all the addresses. My brother and my friend also been living with me and I can take them as a witness for proof. The only problem is we made an Assured Shorthold tenancy Agreement which I have downloaded from internet and used it by mistake.

Bel
30-01-2008, 13:46 PM
If you never actually shared or lived with her, she is most likely a tenant.

You will be in big trouble; get legal advice before she sues the pants off you.

dynamiq
05-02-2008, 23:34 PM
If you never actually shared or lived with her, she is most likely a tenant.

You will be in big trouble; get legal advice before she sues the pants off you.
Well she has sued me and asking for 6K in damages, Now I have consulted the Solicitor and he is asking in the region of 5-15K and I will not get any costs because of her on legal aid. Please help!!
I don't know what to do

jeffrey
06-02-2008, 09:54 AM
Well she has sued me and asking for 6K in damages, Now I have consulted the Solicitor and he is asking in the region of 5-15K and I will not get any costs because of her on legal aid. Please help!!
I don't know what to do
"Consulted the solicitor"? Hers, I guess, so not impartial.
Consult your own solicitor pdq, to staunch your potentially large liability.

Bel
06-02-2008, 11:29 AM
So it hasn't gone to court yet?

So does she want 6K and to be re-instated? Or just 6K?

Sounds like you should either pay it, or try to negotiate it down and pay it.

Or get a quote from another solicitor.

Bel
06-02-2008, 11:32 AM
Jeffrey; regarding legal aid.

Do people only get it if the chances of them winning are high?

jeffrey
06-02-2008, 11:44 AM
Jeffrey; regarding legal aid.

Do people only get it if the chances of them winning are high?
Yes, although that's not always the only parameter.
Some solicitors offer "No win, no fee", which can (and usually does) apply to clients ineligible for Legal Aid [or whatever it's called this week].

Bel
06-02-2008, 12:12 PM
Yes, although that's not always the only parameter.
Some solicitors offer "No win, no fee", which can (and usually does) apply to clients ineligible for Legal Aid [or whatever it's called this week].

But 'no win-no fee' clients can have defendants costs charged against them, but not legal aid clients?

jeffrey
06-02-2008, 12:33 PM
But 'no win-no fee' clients can have defendants costs charged against them, but not legal aid clients?
Yes, I think so- but, as it's not my area of specialist practice, I cannot be certain.

jghomer
06-02-2008, 13:27 PM
If you only advised her to leave verbally at the end of her tenancy and she did, and you gave her no written demands that she leave, or indeed made any kind of threats, surely you can just stick to your guns and say the tenant chose to leave at the end of the tenancy? Am i missing something here?

Bel
06-02-2008, 14:23 PM
If you only advised her to leave verbally at the end of her tenancy and she did, and you gave her no written demands that she leave, or indeed made any kind of threats, surely you can just stick to your guns and say the tenant chose to leave at the end of the tenancy? Am i missing something here?

She probably did not come back because the locks were changed. (see end of first post).

I agree this post is quite frugal on info.

If she gave her keys back, that would indicate surrender. Reading between the lines, this has not happened.

Or has it?

dynamiq
07-02-2008, 20:04 PM
Well, I have instructed the Solicitor now and they are on my case.Now today's latest is the tenant has moved all the stuff without notifying me or giving me the keys.

I don't whether she will come back or not or even answer my defence in court or may be shw is on a new HUNT.

dynamiq
12-05-2008, 23:15 PM
I gave her another set of keys because she said that she has lost the keys and the judge ordered me to give her another set of keys.
After recieveing the keys and conjunction order, she came back to the property, took her stuff and never came back since.

I have filled allocation questionaire and also made a counter claim. upon requests to enter the allocation questionaire from the other party the judge has given a 3 months time to file allocation questionaire.
My problem is that the room has been empty since january and she is not answering any calls, her solicitor is ot responding to my emails, letters, phone calls. the only thing they want is outside court settlement and they will drop the case or try to prolong this case.
CAN I PUT A CLAIM FOR RENT ARREARS???