UK Property Law
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Did you agree to a fixed term at the time you let them occupy the premises or was it merely informal (ie. from month to month or just as long as they would need it)?
It was merely informal, I told my brother to evaluate the situation in a year or so. I considered it a favour for my brother as they have a baby and even if he never paid me the arrears in full it wouldnt matter. I hoped that he would pay me more money though (like a market value) but he still owes me for at least 6 months in total plus other loans. His girlfriend was never interested in how much the flat cost. My brother can however sign a backdated agreement AST if necessary but I dont know if it could be in his own name only or if it applies to our situation. She was trying for some government benefits before but w think she did not receive any. I cannot pretend I want to move into my flat as I run my own small business from home in the rented flat I have always lived in, because I cannot change the address (business correspondence from HMRC on a daily basis). As my brother and his girlfriend have split up, they can't live together now. She is going abroad at the end of Dec and comes back probably mid Jan. My brother is ready to pack her staff (even with a piece or 2 of furniture) and send it by courier to her flat in Europe, or alternatively to keep it safely in a friend's garage for some time. My intention is to let the flat out as soon as possible to recover some money. regards
There is no point signing a backdated AST, this wouldn't be legally enforceable.
Her status is probably one of licensee, in that you permitted them a licence to occupy the premises. In the absence of any agreement to the contrary you will be bound to give her "reasonable notice". To be safe this would probably be 2 months.
You should give this to her in writing by registered post referring to her status as being on licence and giving her two months notice stating when the notice should run from and to. Allow for 3 working days posting and keep proof of postage. State that you will apply for a Court order for possession if she does not vacate. If she doesn't vacate then you will have to make this application.
I wouldn't do anything with her personal items or change the locks as you would run the risk of this being an illegally eviction and she could sue you for the loss she suffers.
If she agrees to vacate earlier and asks for her items to be couried, get it in writing.
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