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Does A Lock Fitted On The Bedroom Door Alter Legal Position?

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  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 15 August 2013 at 8:22AM
    gazter wrote: »
    Yes their presence there wasnt an endorsement of your actions, but to prevent a breach of the peace.

    I was well aware of that fact, even though this incident occurred back before Politically Correct Days (ie when we knew the police would basically be "on the correct side" - ie the one in the right - rather than bending over backwards towards the lawbreaker as sometimes happens these days).

    Me...I didn't care what their reason was for being there. I was safe, as the lodger wouldn't have dared attack me whilst they were there.

    EDIT: I doubt that OP has anything as official as an agreement. You don't tend to with lodgers. All I ever had was I had provided them with a rent book (which I signed when they paid rent due) and a copy of the Rules of the House (eg clean up after yourself etc).

    To me, it looks as if this is a case of male lodger of the not too bright variety and a female home-owner (brighter...but lodger is trying to intimidate her with brawn because he knows she has more brains than him, so he cant out-argue her).
  • gazter
    gazter Posts: 931 Forumite
    Tenth Anniversary Combo Breaker
    I was well aware of that fact, even though this incident occurred back before Politically Correct Days (ie when we knew the police would basically be "on the correct side" - ie the one in the right - rather than bending over backwards towards the lawbreaker as sometimes happens these days).

    Me...I didn't care what their reason was for being there. I was safe, as the lodger wouldn't have dared attack me whilst they were there.

    EDIT: I doubt that OP has anything as official as an agreement. You don't tend to with lodgers. All I ever had was I had provided them with a rent book (which I signed when they paid rent due) and a copy of the Rules of the House (eg clean up after yourself etc).

    To me, it looks as if this is a case of male lodger of the not too bright variety and a female home-owner (brighter...but lodger is trying to intimidate her with brawn because he knows she has more brains than him, so he cant out-argue her).

    I think he has been successful in intimidating her. It must feel pretty awful being bossed around by a guest in your own home.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 15 August 2013 at 8:33AM
    gazter wrote: »
    I think he has been successful in intimidating her. It must feel pretty awful being bossed around by a guest in your own home.

    It does...believe me it does.

    I think one thing here is that it may occur to OP that the appropriate reaction to someone else trying to intimidate you in your own home is anger. Once she gets angry and thinks "How DARE someone else try and rule the roost and scare me in my own home!!!!!:mad:" then she should be able to summon up the strength to deal with this character.

    Someone once said to me "You think everyone else operates by your own rules and will therefore be polite/law-abiding/etc - THEY DONT" and I would like to pass that message on to OP (who is coming over very clearly as polite/nice/etc and has probably spent years assuming that everyone else will treat her the way she treats them).
  • rpc
    rpc Posts: 2,353 Forumite
    Write giving him a very short notice period to leave.

    Once that expires, change the locks while he is out. Invite some burly male friends around so you can counter any intimidation he tries on.

    Don't let him back in, just give him a bag full of his stuff. If he kicks off, call 999.
  • Brallaqueen
    Brallaqueen Posts: 1,355 Forumite
    OP - i would not worry about the lodger/subtenant bit right now, he is threatening and intimidating you in your own home - concentrate on getting him out. The other stuff can be dealt with later.

    Did your agreement include a fixed term of any kind? Did it include a notice period of any kind?
    Emergency savings: 4600
    0% Credit card: 1965.00
  • DKLS
    DKLS Posts: 13,461 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    rpc wrote: »
    Write giving him a very short notice period to leave.

    Once that expires, change the locks while he is out. Invite some burly male friends around so you can counter any intimidation he tries on.

    Don't let him back in, just give him a bag full of his stuff. If he kicks off, call 999.

    +1

    Temporary burly friends can be found at the local rugby club
  • Strapped
    Strapped Posts: 8,158 Forumite
    Remove the lock. Job done. Then wait for him to leave the property, pack his belongings and put them outside for collection. Then tell him the next time he threatens a woman, he might pick on the wrong one who will flatten him. No, don't do that last one.
    They deem him their worst enemy who tells them the truth. -- Plato
  • DRP
    DRP Posts: 4,287 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Strapped wrote: »
    Remove the lock. Job done. Then wait for him to leave the property, pack his belongings and put them outside for collection. Then tell him the next time he threatens a woman, he might pick on the wrong one who will flatten him. No, don't do that last one.

    ^^ this.

    He is a lodger in your home so he has very little, if any, rights.
  • strawberries1
    strawberries1 Posts: 877 Forumite
    Part of the Furniture 500 Posts Name Dropper
    edited 16 August 2013 at 1:18PM
    Many thanks for your replies.

    He has a sheet of paper where I sign wherever I receive rent. His rent is due on the 30th but he didn’t pay last month, it’s the 16th today.

    I don’t have family in the country and my friends are female. I do speak to my neighbours two of which are male but I don’t want them to realize I don’t know people nearby and one of them that I could be that vulnerable with has a speech impediment so he speaks slowly and very stuttered, he’s a gentle man and I don’t want him in any trouble.

    My lodger is very litigious. Every week he receives about 14 letters and they’re either from the county court or a bank. My lodger has 15years experience as a solicitor. I’ve never been in any trouble with the police or any one and I don’t want to start now. I’m trying to balance this with the need to have peace and feel safe in my home.

    We’re supposed to clean the flat in turns at the weekend but he never does and two months ago he got a cleaner to come in to do his turn. He doesn’t clean the bathroom after him nor take the bin out etc I do all that but I did expect that he’ll do his share. My understanding is that I don’t have to provide services but must live on the same premises and share communal areas which we do.

    I did call shelter and have been to the CAB and they all think he’s a lodger but he says there’s a lock on the bedroom door so that changes things. I’ve not been able to find the provision anywhere in the statues except with relation to HIMO but the Eviction Act and Housing Act say living with a landlord is excluded tenancy.

    I fitted the locks on the two bedrooms. I did it for my safety and as it didn’t cost much more to fit it on the 2nd bedroom I told the locksmith to fit it. I do have the keys and only gave my lodger a key so he felt he had privacy. I go in about every two weeks. With my previous lodger we didn’t lock our bedrooms generally but I did lock mine at night.

    The rent a room guide says I can change the locks after giving reasonable notice. I did give him verbal notice on the 28th of July to leave on the 30th of Aug but things have gotten worse. He’s called me names, swears and constantly emails me threatening to sue me and maks false accusations including that I slammed the door on his face on Sunday and tried to snatch the keys from him but that’s totally untrue. He’s sent me a few emails alledging that I turn off the boiler when he’s in the shower which is unture. I wake up earlier and leave home just before he takes a shower.

    I’m tired of living like a prisoner and being scared of going home every night. I feel this man is trying to build a case against me to get damages. (he did state in the emails he's speaking to his lawyer and will be making claims for damages)

    Below are links to relevant provisions I’ve found.
    https://www.gov.uk/rent-room-in-your-home/ending-a-letting

    http://www.legislation.gov.uk/ukpga/1977/43/section/3A

    http://www.legislation.gov.uk/ukpga/1988/50/section/31

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9431/138292.pdf

    http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_excluded_occupiers
  • If I can be sure it won’t put me in trouble legally I intend to inform the police that I will change the locks when he’s out and when he arrives the police sld attend and I will let him in to pack his things. I also worry he’ll claim he has a couple of rolex watches which have gone missing.

    I did call the police and ask that they attend as I needed to speak to him last Friday and I feared they’ll be a breach of the peace. They did attend and he was very clam and said he’s rights are being infringed upon, he’s a solicitor etc. I was so angry that he pretended and changed his demeanour so totally. I feel the law is on my side but why is he so vile and difficult? I need a legal peaceful solution.
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