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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7200
Experience:  28 years as a practising solicitor.
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HiCould you try to answer this question for me please:Our

Resolved Question:

Hi
Could you try to answer this question for me please:
Our flatmate has been recording all conversations I had with my wife at home including those about money,bank transfers,domestic issues and so on ... We fell out with him over some bills payment and we forced him to leave the house based on the fact that there was no written rental agreement between us. He was giving us some random sums to cover our costs like bills ext. I may have called it rent during my conversation with wife and now I am slightly concerned that he is going to use it against me claiming that I should have given him a longer notice to leave. I based my action ( almost immediate eviction ) on advice from the lawyer at citizens advice center. He is threatening me with some legal action based on evidence gathered by recording me, my wife and friends without our consent and acknowledgment . I do not know what was said . How strong would be his case using this evidence + plus few stolen pages from our calendar saying his name and word paid next to it (bills and food generally)
Regards
Simon_not guilty
Submitted: 1 year ago.
Category: Scots Law
Expert:  jomo1972 replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX X will try to help with this.

In order to give you answer tailored to your circumstances I will need to ask you some preliminary questions so that I can consider your position from all angles.

How much notice did you give him?

Customer: replied 1 year ago.
for Jomo1972
I live in Scotland if it makes any difference. Please remember there was no rental agreement . It was my good will to help him out after he lost his job and could not afford paying rent...
Expert:  jomo1972 replied 1 year ago.
I will move this to the Scots law section for you.

All the best.
Customer: replied 1 year ago.

Hi I still have not received my answer ? I have been waiting for it since 1pm yesterday. Could somebody chase it for me please?I need it ASAP. Thank you.
Expert:  JGM replied 1 year ago.
Thank you for your question.

Your question has been diverted to the Scots law section. I will try to help you.

A lodger or flatmate has what is called a common law tenancy. Such a tenancy does not have the same rights as an assured tenancy, ie, if there was no sharing of accommodation by landlord and tenant, but there are still rights granted to the tenant.

You can see more about this here:

http://scotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_common_law_tenants

Four weeks notice should be given. However, from what you say here is it not the case that he elected to leave when you asked him to.

I'm not sure that he would be able to quantify a loss in these circumstances, assuming he moved to similar accommodation when he left your house.

As far as recording calls is concerned, if these were made without your knowledge and consent, they would not be admissible in civil proceedings.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.
He did not record my telephone conversations....He placed recording device in my house and was recording everything that was happening in my kitchen....my wife , myself, my doughter, my friends everything.... He is saying that he is going to use it against me. I was told it is not legal and I can report it to police ... Should I report it?
Expert:  JGM replied 1 year ago.
Sorry, what I said before equally applies to the recordings made by him. Inadmissable in civil proceedings and illegal by criminal law. So could be reported to the police.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7200
Experience: 28 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you

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