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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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our neighbours house is for sale but as a favour they let

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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
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 5 years 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

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 5 years 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.

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.

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Kind regards,


Tom
Customer: replied 5 years 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

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 and 2 other UK Property Law Specialists are ready to help you
Customer: replied 5 years 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 5 years ago.
, Hi I posted a supplimentary question but haven't received a reply. Please could Tom reply then I will be happy. Thanks
Hi,

If she disputes the terms of the agreement then because you have no signed document then there might have to be a hearing in which you both submit evidence as to the terms of her occupation. So, it's a little bit of a complication but you should still be okay.

It does not matter than you did not take a deposit.

If you change the locks then she might sue you or an illegal conviction and because you do not have a written agreement she might (might) be successful because this brings in a little doubt. That is why I would advise getting a court order for possession.

You can contact your local county court and ask for the eviction forms.

Please remember to rate my answer.

Kind regards,

Tom