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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19792
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I am writing on behalf of my sister who has been living in

Resolved Question:

I am writing on behalf of my sister who has been living in the family home for past 20 years occupying a room as a bedroom/ artist studio, but sharing kitchen and bathroom. paying rent and doing most of domestic work and caring for ill parent and grandparent, my mother died 2 years ago and it has become increasingly acrimonious with my father who wants her to leave and redecorate her living space, he has not served notice but says that he wants to redecorate the room in 2 weeks so he can rent it out for more money, and that he wants her to go. She would like to obtain a court injunction to prevent him from redecorating her work space so soon, and needs to know her legal rights with regard to notice period. She also wishes to make a claim in respect of harassment against my father as there has been several bullying and harassment episodes over the past 2 years.

Thank you for your assistance.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

Does she pay rent?
Customer: replied 1 year ago.

She has paid £200 per month for the past 2 years.


 


Thank you for your assistance.


 


Miranda Gibson

Expert:  Stuart J replied 1 year ago.





I assume that this
is a house owned by your father and not rented and not local authority housing.
If he wants to rent the room out, to someone who is not a family member, he
must have any mortgage companies consent. Bear that in mind.

It begs the
question as to why, if things are so uncomfortable, your sister does not move
out.



At this stage, your
sister is simply a lodger and therefore she can be asked to leave on one reasonable
notice, which after 20 years would probably be one month's notice.



It is most unlikely
that she would get an injunction to stop him redecorating in the long term, but
would prevent him doing it, except on reasonable notice, probably, once again,
one month.



To be honest, the
cost of getting an injunction and the hassle involved is probably going to be
far more than the benefit she receives and it is not something that I would be
encouraging her to pursue unless she wants to risk several thousand pounds
impossible court costs for an action which may not go anywhere.



The harassment is a
different issue and if he is bullying her and being verbally abusive, she can
apply to court for a non-molestation order to prevent him carrying on stop in
addition, she can call the police and they can issue him with a warning under
the Protection from Harassment Act. Please be aware, however, that whether it
is an application for a non-molestation order or whether she is referring the
matter to the police, they will want to know why she does not want to move out.
They are not married and therefore have no children and on these facts, I do
not think that either the court or the police would have a lot of sympathy I am
sorry to have to tell you.



I appreciate that
this is not the answer you wanted but there is absolutely no point in me
misleading you. I have a duty to advise you truthfully and honestly, even if
that answer is unfavourable for you.





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Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19792
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 6 other UK Property Law Specialists are ready to help you

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