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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
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I own a house. My daughter and her partner split.He was bankrupt

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I own a house. My daughter and her partner split.He was bankrupt she did not get enough to house herself. Stupidly I suggested she move into mine with her furniture and I would go and stay 100 miles away with her brother who is on his own, until the financial side was resolved. This produced almost no capital for her. This happened February 2012. She has one girl waiting to go Uni next year 18 yrs now and and working for one year. One boy 15 yrs in February next year. Children are from a marriage which was dissolved 10 years ago. The three of them say their is no room for me. My son can't blame him would like his house back. When I speak to my daughter about going up to see what she can do she says they are not going anywhere, she is not upsetting her son moving and the house is too small for everyone. until November I paid all bills except food. This is a five year old detached house with four bedrooms two with en-suites daughter has what was my room. Her daughter has a double room which was my spare. Her son has another smaller double room. Other single room is her study which was my study. Downstairs lounge with my tv and sky. Kitchen big enough but not huge. Small dining room used as a spare room for over night kids to stay, friends of the boy. I could make this into a single proper bed for myself but now I am being told it would not work.. I also have a small study to front and it is used by boy as computer and games room. I now feel I am being pushed out completely because she now has another male friend who stays occasionally that I am told is Ok . No room for permanent guests, ie ME. I was thinking about buying or renting something for myself. If I did this would I make getting my house back worse. I have suggested sharing a bigger house helping her to buy all to no avail as it is not in the correct area for the boys school. Ten days ago she asked me to look for a rented property for her this week her son is going nowhere. He has not to be upset by house talk. This situation is making me ill but no compromise is being suggested. I have always tried to support her as she has created financial difficulties since she was fifteen. I am a widow the last ten years and when she divorced from her ex husband ten years ago I have tried to support them to give them a standard of life they could not have had without my input re holidays cars etc., I am giving this info as background. My question is what rights do I have or is she etablishing her rights.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas replied 1 year ago.
Hi,

You have let your daughter stay in your house. She is still there. You are living elsewhere.

She does not have any agreement with you for a tenancy and you want to know how to get your house back.

Is this correct?

Tom
Customer: replied 1 year ago.


nothing . no agreement. correct want to know how I can move myself in.

Expert:  Thomas replied 1 year ago.
You are the sole owner of the property, yes?

Tom
Customer: replied 1 year ago.

yes

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If she does not have an agreement with you to pay rent for a term of months, whether oral or in writing, then she does not have many rights.

One of the rights she does have is the right to receive “reasonable notice” of eviction. You should give this to her in writing, explaining that you have simply let her have occupation for a temporary but undefined period free of charge. State that you are giving her written notice of eviction. You should give her a minimum of one months’ notice. State when this notice expires in the letter and that you shall evict her if she has not left at this time.

If she does not leave at this time you can simply re-enter and change the locks. There is no need for you to apply for a court order if she does not have a fixed term agreement for paying rent.


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Kind regards,


Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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