Hello. My husband and I rent out a warehouse live/work spaces to some "friends" whilst we have moved somewhere else. We don't have a tenancy agreement with them as they are friends. They paid a deposit and have always paid their rent. However one of them is a nghtmare and we have heard through the grapevine that she wants the place for herself (to take over then tenancy) and will go to a lawyer if we try to give her 1 months notice. The other 3 tenants ar fine but we want to give her 1 months notice as we want to "use her room as a music studio again". Our tenancy agreement on the warehouse runs out in March so we want to get her out before then as we don't want her to get it off us. I'm worried she can do something legally but not sure if she can? help Thanks Beki
Thanks for your question.
If there was no formal lease or licence agreement granted to her then she is simply occupying under licence. If you did not agree a fixed term or other provisions with respect to when you would be allowed to terminate her occupation of the property then she has virtually no rights at all.
The right she does have though is to receive "reasonable notice" of termination if you want the property returned to you. To be safe I would give two months written notice (although 1 month would probably suffice) referring to her occupation under licence, you as licensors, her as licensee,the property itself and your termination after the notice period expires.
Once it has expired you can simply retake possession of the property by either applying for a Court Order for possession or simpy by taking peaceable possession of the property by changing the locks.
She will not be able to claim an interest in the property if there were no firmly agreed terms as to length of term or a written lease.
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