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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6295
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I have a partner (were not married but she has two other

Customer Question

Hi, I have a partner (we're not married but she has two other children from a previous relationship), she's lived with me for the last 2 years in my house of which I'm sole owner. She has contributed to bills and mortguate but very sporadically and only recently.

What do I need to do to get her out of my house?
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.


My answer assumes that there are no children of the relationship, she did not contribute any monies to the initial purchase of the property and that you are unmarried.

The position is that where a person is not named on the registered title to a property then you can generally only claim an interest in the property if you have made either a capital contribution to it (ie. financing the purchase or pay for significant works which materially increase the value of the property) or have maintained the mortgage payments/paid rent or bills/food to a total that is more than you would otherwise have paid in private rented accommodation in the area.
Provided has not contributed more money in payment for food than she would have otherwise paid in private rented accommodation for rent/bills/food and does not make improvements to the property which increases it’s market value then she would not be advised to make a claim against your property
If there is no written agreement covering the right she has to remain in the property then she does not have many rights. One right that she does have is to receive “reasonable” written notice of eviction. Therefore you should give her this. I should think that 1-2 months notice of eviction should be sufficient.

Refer to the fact that she lives there on licence and that you consider her date of eviction to be X date in the future from the date of the notice and serve this on her (ie. registered post, keeping proof of postage.

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Kind regards,


Tom
Customer: replied 1 year ago.

Hi Tom,


 


My understanding was that I have to legally issue a section 22 notice to get her and her children out of the house are you suggesting that a simply letter giving her 1 or 2 months notice is legally acceptable?


 


Rob

Expert:  Thomas replied 1 year ago.
Hi,

Yes, that's what I'm saying the section that you refer to relates to where there is a landlord/tenant relationship. If she does not have an agreement with you in that way then it's not a tenancy and it doesn't apply.

She is basically just an occupier, rather than a tenant. That's why she does not have the same rights as a tenant who rents from a landlord and also why you do not have to apply for a court order to evict her.

Please remember to rate my answer.

Kind regards,

Tom
Customer: replied 1 year ago.


I'm surprized Tom, I didn't realised it was that simple.


 


Just want to clarify a few points, she has two (2) children resident in ther property (none of which i'm the father) she does pay for bills and food (probably last 8-10 months, occassionally shes contributed towards the mortgage but in total 3-5 months over the last 2 years. She's made no substanstial contribtion towards improvements in the house and did not provide any capital investment at the time of purchase. Do you see any legal problems ?


 


Rob

Expert:  Thomas replied 1 year ago.
Hi

If they are not your children and you have not adopted them then they are not your responsibility. Provided you serve the notice and keep proof you will be fine.

If she cannot afford to rehouse herself then she should take the notice to the local authority because they will require proof of her blending eviction in order to help rehouse.

Please rate my answer.

Kind regards.
Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 5 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks Tom, I've been told for the last 8 months that it would take 3 months to get her out and lots of legal costs, what do you know about reposseion law ?

Expert:  Thomas replied 1 year ago.
Hi

That would be roughly the time it would take to evict a tenant because you would have to get a court order for possession.

This is not required when there is no tenancy.

Tom
Customer: replied 1 year ago.


Sorry Tom, I didnt make my question clear it has nothing to do with the x-partner other that she hasn't been effectively contributing to the household for the last year.


 


I've had a possession order granted by the court on the house but have recently lapse in the payments. I've brought those now upto date and everything is as per the court order but the mortguage company have said they have already applied for a warrent of eviction. I've talked to them and on the basis I've paid the arrears as per the court order (but not fully) they have agree to withdraw the eviction warrant subject to me maintaining future payments (naturally). But they have not withdrawn the warrent at this point. My concern is they will not drop this until the end of the month and the term "review" is used too many times. If they still apply for eviction, what options are open to me and what is the probability of sucess ?


 


Rob

Expert:  Thomas replied 1 year ago.
Hi,

Well, it's somewhat out of my purview but until they have withdrawn the warrant for execution then there is still a possibility that they may use it.

You have to persist in getting them to withraw it but it's entirely their prerogative.

Tom
Customer: replied 1 year ago.

Ok Tom, thanks for the advice, much appreciated.


 


Rob

Expert:  Thomas replied 1 year ago.
No problem.

Good luck and good night.

Tom

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