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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22386
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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If we agreed for someone to stay in our empty house that we

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If we agreed for someone to stay in our empty house that we are selling whilst it is empty and vulnerable, we agreed verbally that they could stop in the property, because they had nowhere to live (they were between houses, and they only had their mums to stay which was not big enough for them) so we agreed for them to stay in the house - rent free, pay us nothing for it, the only thing they had to do was register with the council and pay the council tax and utilities as they would if they were renting. Has this person got rights as they would as a normal tenant? even if it is a verbal agreement and they pay NO rent?
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Did you agree a length of time that they were able to stay there?
Customer: replied 3 years ago.

Just until the house stays or they find somewhere more permanent

Thanks. Has this been agreed or is there a problem? I don't know if it is a problem or you are anticipating.

Are you also in the house?

I need full background please


Customer: replied 3 years ago.
No we are not living there, she is living there on her own with her kids.

A problem has arisen and it was a disagreement between her and her ex boyfriend, who we did not know was stopping there on odd occasions. He drove into the house and caused damage to a few external bricks and an hairline crack is showing inside the home, she agreed to pay for the damage back in July and nothing has been done so far, the police advised her that she needs to take him to court, as it is her he had the disagreement with. She took him to court and last week apparently he admitted to this. The problem now is that her solicitor or a solicitor has told her/advised her that we should be paying for the damage under our insurance. The solicitor has right to do this? She is living there rent free and could pay for this with that spare money until she gets paid out from court? I don't know if she is claiming that she pays rent to us to certain persons but this is so wrong now and I need advise

She pays no rent and therefore there is no tenancy agreement.

You are entitled to give her reasonable notice to leave (one week
would be reasonable in the circumstances) and after one week simply lock her
out along with all her belongings.

Expect a letter from the solicitor saying that this is an illegal
eviction but then again he would say that. At this stage, she is no more than a
guest in your house and from the facts you have given, she has no right to stay
there once you have given her notice and the notice has expired.

There is no onus on you whatsoever to repair problems that she has
caused or one of her scummy friends has caused and there is no onus on you to
put it through your insurance company.

She is liable for the damage and if she wants to sue the scummy
friend, that is her problem.

To be honest, if this is malicious damage that happened during a
disagreement, it is criminal damage and it is a police matter and the police
should be treating it as such although usually, (or rather, often) they take
the line of least resistance and simply say that it is a civil matter. Whilst it
may be a civil matter, from these facts, it is criminal damage.

I would want the money from her (or from him, it doesn't matter
who pays) for the cost of the repair

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