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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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We leave in a related family house for 6 years and 8 months

Customer Question

We leave in a related family house for 6 years and 8 months (an agreement between us and our cousin is in place) but we are sharing the property with another family (one child) who has been here for 2 years and few months.
2 months ago we have been asking them to find another place to move and we have been given them 3 months notice (verbally)but seem as they do not bother to look for a place where to go.
Now we would like to know what rights we have or what procedures do we have to follow in this kind of situation?
Thank you in advance.
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Is your cousin the registered owner of the property
2. Have the other family lived there with your cousin’s consent
3. Do they have a tenancy agreement or any form of written agreement governing their occupation
Kind regards.
Tom
Customer: replied 2 years ago.
1. YES
2. Our cousin does know that we let them live with us for a wile to help them.
3. No they do not have any tenancy agreement. We let them leve with us as our friends, but they do participate to paying the bills and like rent.
Expert:  Thomas replied 2 years ago.
Hi,

Thanks.

Was there a specific agreement regarding the length of time they would stay there for? ie. a fixed term of their occupation?

Tom
Customer: replied 2 years ago.
Hi,

Nothing specific, no fixed term or date.

Thanks.
Expert:  Thomas replied 2 years ago.
*Hi,

Thanks for your reply.

If there was no agreement as to the length of term of their occupation then they would not have an implied oral assured shorthold tenancy.

This means that they are simply residential occupiers of the property and do not have many rights at all. However one of the rights that they do have is to receive “reasonable” written notice of eviction.

This would have to be served upon them by your cousin as owner of the property. He should give full details of their occupation and the property then state that they should take the letter that this is their notice of possession and that he requires them to vacate the property by a certain date. In view of the length of time they have been in the property I should think it sufficient for them to receive 8-10 weeks notice of possession.

The oral notice you have given is not valid. If you changed the locks based on this then they could sue you for an illegal eviction.

If they do not leave when the above notice expires then (although there is no requirement to do so) I would advise you to apply for a Court Order for possession and then for a warrant of execution so that the court bailiffs evict them. If you attempt to evict them yourselves things can get messy (eg. Allegations of assault)

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you very much for your time Tom
Expert:  Thomas replied 2 years ago.
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