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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6295
Experience:  BA (Hons), PgDip, Practising Solicitor
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hello, I would be grateful if you could direct me from here.

Customer Question

hello, I would be grateful if you could direct me from here. I own one small flat but live in a rented one. From day 1 last year I offered it to my brother and his girlfriend with their new born baby as they were no place to live. I only asked for reimbursement of my costs eg mortgage interest, CT etc as I felt I had to help them as a sister. No agreement was drawn up. My brother doesnt pay me regularly and there are arrears of min.?4000. It doesnt matter however as I know he will try to pay me back when he can. Last time he paid was over a month ago.The problem is that they have split up and she announced she got a new boyfriend but she still occupies the flat and my brother lives with me. I would like to give her a written notice to leave. i know she has an empty flat in Europe.I feel she is playing games as she doesnt want tell what she is planning in a future or if she is going to leave. She can also guess I dont want her there as due her overall attitude as well.Many Thanks.BP
Submitted: 3 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi BP,

 

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)?


Tom

Customer: replied 3 years ago.

Hi Tom,

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

Expert:  Thomas replied 3 years ago.

Hi BP.


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.

 

If this is useful please click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 3 years ago.

Thank you very much for your answer. I will get in touch again if I need to ask a follow up question.

BP

Expert:  Thomas replied 3 years ago.
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