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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Family Law
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Experience:  Award winning lawyer with over 15 years experience
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I have someone living in my apartment. He has been there since

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I have someone living in my apartment. He has been there since Dec 2011. Not paying rent or bills, nothing, and nothing offered. Initially we agreed to this to help his now ex wife out when they split. Ex wife is friend of my wife's. They have 6 yr old daughter, who spends weekends with him. We now want to sell flat. How do we get him to move out? Many thanks.
Submitted: 11 months ago.
Category: UK Family Law
Expert:  Thomas Judge replied 11 months ago.

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Thomas Judge :

Does he have a tenancy

Thomas Judge :

Does he have a tenancy with you?

Expert:  Thomas Judge replied 11 months ago.
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Expert:  Thomas Judge replied 11 months ago.
Hello,

If there is no tenancy agreement then they do not have any rights an excluded occupier. It would appear that you are allowing them to live there on the basis of a licence and as such you do not need to prove a legal reason or get a court order in order to evict you.
You are entitled to "reasonable notice".


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Customer: replied 11 months ago.
What is a reasonable notice?
Expert:  Thomas Judge replied 11 months ago.
I usually take that to mean between 14 to 28 days - it relates to what is reasonable under the circumstances of this arrangement.
Customer: replied 11 months ago.
Okay, thanks. So I just need to write him a letter asking him to vacate the property within 28 days of date of letter ( he'll receive it next day as I live in London, my flat is located here too). Or should I do it recorded delivery? We are wanting to put property on the market, can we go ahead with this even though he may still be in residence?
Expert:  Thomas Judge replied 11 months ago.
I would always recommend both recorded delivery and normal post.

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Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 8756
Experience: Award winning lawyer with over 15 years experience
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