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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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I moved out of my property in 2005 and my son stayed there

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I moved out of my property in 2005 and my son stayed there and subsequently moved in his partner, they have two young children. He was paying rent which covered the mortgage but several months ago lost his business. He has been unable to pay the rent for sometime and cannot claim housing benefit for the rent to be paid as he was advised it is a family members house.
I'm now struggling myself with keeping up the repayments on the property along with having lost all my savings in my sons business. I need to make him leave the property otherwise I will lose everything. There was never a tenancy agreement, what course of action should I take
Hi,

Thanks.

I note you say that there was never a tenancy agreement.

Did you ever orally agree the terms of his occupation? For example, how long he could stay there and for what rent..

Tom
Customer: replied 3 years ago.


There was never a term agreed, but the rent was £900.00 although I have rarely received that amount

Okay.

Was the rent paid monthly?

Tom
Customer: replied 3 years ago.

It started off monthly by bank transfer for the full amount, then when he had money available, but was always falling further behind

Hi

Thanks for your patience.

If you did not agree a fixed term with him then he will either be occupying the property as an licensed occupier (ie. under a licence to occupy) or a periodic tenant.

In the case a periodic tenant they simply pay the rent from one rent period to the next, so from month to month or so it seems in this case. In order to evict them you would have to serve a notice of eviction on them giving them one calendar months notice with such notice to expiry at the end of the monthly period.

In the case of a licensed occupier you would have to give them reasonable written notice of eviction. This would have to be longer than 28 days.

Given that he has been in their for 7 years I would be inclined to play it somewhat safe and give him two months notice with such notice to expire at the end of a rent period.

If he does not move out of the property once the notice period has expired then you will have to apply to court for an order for possession. Once the order for possession is granted and if they have not moved out then you can apply for a warrant for execution from Court so that the court bailiffs affect their eviction, but hopefully they will see sense and move out once the notice has expired.

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Kind regards,


Tom

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