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, Lawyer
Category: UK Property Law
Satisfied Customers: 7620
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

I moved out of my property in 2005 and my son stayed there

This answer was rated:

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


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..

Customer: replied 3 years ago.

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


Was the rent paid monthly?

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


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.

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,


Thomas and 3 other UK Property Law Specialists are ready to help you