How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6296
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

our neighbours house is for sale but as a favour they let

Resolved Question:

our neighbour's house is for sale but as a favour they let it to a friend of ours for 3 months informally. We now need her to leave. She has not kept the place respectable has not paid bills and will not now speak to us.
What is the legal process for removing her. We have given her a months notice in writing but don't think she will go. Thanks
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your question/n .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. Does the person have a written agreement governing their occupation and if so what are the terms?
2. Did your neighbour send the eviction notice from themselves
Kind regards.

Tom
Customer: replied 1 year ago.


1. The person had a written contract given to her but she has not signed it.


 


 


2. Yed the neighbour did send the notice signed by them

Expert:  Thomas replied 1 year ago.
Hi,

Was the length of term stated in the agreement three months?

When does this expire?

What did the agreement say about terminating the tenancy? IN what circumstances were your neighbours permitted to terminate?


Tom
Customer: replied 1 year ago.

It said 3 months rent to be paid in advance and monthly after that. 3 months is up on 7th October. The agreement was not signed by tenant. Does this make a difference?


2. There were condtions to be met which have not been kept. House kept respecable and available for prospective buyers to view. Coucil tax and bills to be paid.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I think your right to terminate the tenancy will depend on the agreement itself. If the agreement stating that there were circustances in which you would be permitted to terminate the agreement and because of the conduct of the tenant these now apply then you would be able to terminate the agreement.

However, you may have to apply for a court order for possession to avoid the possibility that the person may sue the neighbours for an illegal eviction. Given that the end of the three months is so near I would consider waiting until the expiry date comes and see if they move out of their own accord. Applying for a court order for possession would take time and may be disputed in which case you would incur legal fees.

If you think that she will move out when the term expires then I would wait for this and then reconsider your options if she does not move out, by applying for a court order for possession.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.

thanks, XXXXX XXXXX helpful. Does the fact that she did not sign anything make


a difference?


Or that no deposits were taken?


If she doesn't leave can we change locks when she is out? What would happen then?


How would we get a Court order.


Thank you very much

Expert:  Thomas replied 1 year ago.
Hi,

If all parties accept the terms of the tenancy then there is no problem really with her not signing. However, if she dispute then you will have to rely on your respective oral statements which is not iedal.

No deposit does not make a difference.

If you change the locks then she would be more likely to sue you for an illegal eviction, which means that if the court does not accept your oral statements then you could be liable to her for damages. I would advise against changing the locks and instead pursue a court order first.

You woudl have to apply to County Court for a court order for possession. You can contact you local county court for the forms.

Please remmeber to rate my answer.

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.
, ,

 thanks, XXXXX XXXXX helpful. Does the fact that she did not sign anything make

a difference?

Or that no deposits were taken?

If she doesn't leave can we change locks when she is out? What would happen then?

How would we get a Court order.

Thank you very much

Customer: replied 1 year ago.
, Hi I posted a supplimentary question but haven't received a reply. Please could Tom reply then I will be happy. Thanks
Expert:  Thomas replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience