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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6391
Experience:  BA (Hons), PgDip, Practising Solicitor
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I allowed my adult son now 32, to move into my house 4 years

Resolved Question:

I allowed my adult son now 32, to move into my house 4 years ago, since the break up of his marriage. For the last 6 months he has also had a girlfiend living in for most of the week. I am concerned that he may now have rights in connection with my home,(somewhere I may need to sell to suppliment my pension). The time has come when I wish for my own privacy & have informed him that I would like him to find a place of his own. He & his girlfriend are currently in full time work. Can I take any action to make them (him) move out. I see no sign of them taking the matter seriously. I totally own my own property.

Your reply would be greatly appreciated

R. Cooper (Mrs)
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi Mrs Cooper,

Thanks for your question.

To enable me to answer your question could you please respond to the following using the same numbering:-

1. Did he/his partner contribute more in rent/mortgage repayments than she otherwise would have paid if she was living in her own private rented accommodation?
2. Does he have a tenancy agreement
3. Is there a mortgage on he property

4. Did he make capital repayments to pay off significant sums of the mortgage?

5. Did he pay for/carry out significant improvements to the property which improved the value of the property?

6. Do you actually wish for them to vacate the property
Kind regards,

Tom
Customer: replied 2 years ago.

1. No contribution has been made .Infact I have loaned my son money which he still owes me. I was trying to help him get back on his feet after his divorce.

2.There is no tenancy agreement.

3. There is no mortgage on the property.

4. There is no mortgage

5. There has been no contibution to any property improvements.

6. I would like them to vacate the property

Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your Question.


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/foof to a total that is more than you would otherwise have paid in private rented accommodation in the area.
On this basis he would not be able to claim an interest in your home.
If he does not have a tenancy agreement then he/they have very limited rights since they are effectively occupying the property on licence from you. They do have the right to receive reasonable notice of eviction though. This means that if you want them out you must give them each written notice of eviction. State in the letter the address of the property, that they have been occupying the property on licence and that they should read the notice as notice of eviction and state you are giving them X weeks notice and that the notice shall expire on Y date.

If they have occupied the property for 4 years I would suggest either 6 or 8 weeks notice.

If they do not move out once the notice has expired then you can simply wait until they are out and change the locks. Alternatively you can apply to court for an order of eviction and thereafter a warrant of execution from the court to get the bailiffs to effect eviction.

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6391
Experience: BA (Hons), PgDip, Practising Solicitor
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