We want him out
Question
We've got a problem with a housemate who's not paying the bills or doing any cleaning. We signed a joint contract, but we want him to leave.
How can we remove him if he won't go voluntarily, and what legal rights has he got? If we removed his belongings and changed the locks, what repercussions could this have?
Answer
If you signed the same agreement as your flatmate, this would make you joint tenants and equal in terms of your rights to stay in the property. Unfortunately, even if you are having problems with your flatmate, as a joint tenant, you don't have the right to exclude this person from the flat without getting a court order.
You could try to report the problems to your landlord, but if your landlord took action to evict him, it could end the tenancy for all of you. It may be worth negotiating with your landlord to get a new tenancy for you and the other joint tenants after the problem flatmate is evicted.
You don't have any right to remove his belongings or change the locks. If his belongings were damaged or stolen, you could be held responsible and prosecuted for criminal damage. Similarly, if you try to physically remove him from the property, you could be prosecuted for assault.
If your flatmate owes you money for bills, then you could take action through the small claims court to try to get it back from him. You may want to get help from a local advice service before you decide what to do next.
Updated: 22/09/2008
Question answered by Shelter
