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Thomas
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A friend of mine agreed to take in, for a few weeks, a visitor

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A friend of mine agreed to take in, for a few weeks, a visitor from Northern India, purportedly on a holiday Visa, to help her out. The young lady has since been applying for work around the country from my friends house, but also taking outrageous advantage of my friends kindness, using her possessions and phoning India etc.

Two weeks ago my friend asked this Visitor to find another place to stay, and gave her till today to do so. The young lady is now saying she has nowhere to go and is refusing to leave--and this morning, it was later discovered, even took my friends housekeys so that she could get back in when she plans to return later today to sleep.

It has been recommended that the front door lock be changed, and I could go to B&Q and get a new Yale lock--the next door neighbour has volunteered to change it for my friend, but I am worried what the outcome will be when this lady returns, finds she cannot get in--and there are her belongings left outside--including her laptop?

This drastic action does seem brutal, but my friend does not know where to get information advising her as to the right thing to do, especially with the weekend coming up. I am new in the area but I was going to find out if there are Hostels in Bristol where this lady could stay till she sorts herself out. Besides which, if she is looking for work--as a Social Worker of all things, isn't that illegalunless you have the right sort of Visa?

I might add that my friend has been coping with a situation where her 42 year old husband has for the past two years been hospitalized following Meningitis and then a stroke and now has "Locked In syndrome. My friend works very hard at all sorts of jobs trying to ensure that the mortgage payments are kept up, (which is why she agreed to take the lady from India as a temporary tenant--however, she is now having difficulty even getting payment from her for the accommodation she has provided--and general use of my friends house.

The main thing is: What to do tonight, and what is the legal position my friend is in now? I would appreciate your advice. Actually if you would prefer to respond to her directly, her email address is: XXX@XXXXXX.XXX Telephone number: 0117-9022880
Yours truly, XXXXX (email:XXX@XXXXXX.XXX) 01543-762072
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi Ann,

Has the person simply got a visitor's visa?

Did you freind sponsor the person's application for a visitor's visa, or did they simply let her stay in the house once she had obtained the visitor's visa of her own accord?

Kind regards,

Tom
Customer: replied 2 years ago.

I think the lady is here on a visitors visa. She has lived in UK before for a year as a voluntary co-worker with Camphill--that is where I met her briefly in 2009, over a period of about two months before the lady, (a


woman in her late 30's), returned to India, to Nagaland near Butan. On her return to the UK this time, on I think, a Visitor's Visa, she parted company from the package tour she was travelling with, once she got to Bath, and came to The Hatch Camphill Community, where she had worked before and was informed that she couldn't stay, even as a guest, because of CRB regulations. Since I knew her slightly I (foolishly) offered to find her a place to stay temporarily, and contacted my friend referred to in my initial contact with you. My friend had never met this lady before and simply allowed her to stay in her house till, she assumed, she would return to India.

Expert:  Thomas replied 2 years ago.
Right.

So your friend did not execute a statutory declaration or sponosorship letter in support of the migrant lady's application for a visitor's visa.

Correct?

Tom
Customer: replied 2 years ago.

My friend did not execute a statutory declaration or sponsorship letter in support of this lady's application for a visitor's visa--in fact she never even knew her before Iphoned my friend.


 


Yes, you are correct in your question.


 


By the way I have to go out within 30 minutes --by 4.30


 


Ann

Expert:  Thomas replied 2 years ago.
Hi Ann

Thanks for your patience.

If your friend did not agree a tenancy agreement or have any orally agreed terms for the length of time the person was to stay in her property then the person does not have many rights.

One of the rights she does have is to receive “reasonable written notice” of eviction. If she does not receive this notice then, technically, it would be an illegal eviction. However, in order for the lady to enforce this illegal eviction she would have to sue your friend by issuing a county court claim. If she does not do this then there is nothing the lady can do about it.

If her items are left outside and something happens to them then there could potentially be other consequence and certainly make her more likely and motivated to sue her.

If she has only been in the property for a matter of weeks then I would suggest giving her written notice stating that she will be evicted in a week. Once this has expired you should change the locks and leave a note on the door with a contact number so that she can call to collect her goods.

If you have concerns about how volatile the lady is or will be during the notice period for eviction then you may consider taking the risk of the illegal eviction, changing the locks and leaving a contact number so that she can recover her personal items.

If she has not executed a statutory declaration or letter of sponsorship then she is not exposed to any liability in this regard from the UKBA but this is separate to the eviction issue.


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Kind regards,


Tom
Thomas, Lawyer
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