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hi, guys, the person said he will only leave my property if the court evict him. He totally does not have any right in the property, he's not even a proper tennant because he does not pay the rent. pls help. thanks
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27anyone over 18 in a house has automatic rights, this is why when you ask for a mortgage they always ask if anyone over 18 lives there... Also, if the actual tenant is not there now, then perhaps check the AST to see if subletting was allowed, if not then you should be OK..
Other than that, chuck me £50 and i'll get my mate Dave to go round :-)
On a serious note, it is likely you will need a court order, you could perhaps try the police on the grounds of trespassing, but take your tenenacy agreement with you.
Posted on 11 May 2009 |
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0hi, rowlystravel,,thanks for the reply,,if i need court order, would that be very expensive? sorry to ask so many questions,,he has been staying in the property for 5 years without any rent because my mum let him stay but now that my mum is gone(died) and the property is in my name, I want him out of the house.
Yes,,i even trippled the £50 just for this person to leave us alone!!! :-)
Thanks
Posted on 11 May 2009 | Love 0 loves
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85I would strongly suggest taking legal advice and getting a Court Order.
If you leave the situation as it is he can eventually claim adverse possession over the property. If the property is unregistered it will take him 12 years of occupation and it will be his.
If registered as I expect it is its 10years and he has to serve notice on you but you still have to get him out through the Courts and if you fail in two years to do this it becomes his.
He may already have rights over the property through Resulting/Constructive Trust or he could claim proprietary estoppel.
I would bite the bullet and get it all sorted out. It is quite expensive but not as bad as some make it out. You often find when a Court date is set and he realise he might have to pay your costs he will leave.
As tempting as it may be getting your friends to chuck him out is a bad idea. Although if your going down that root veiled threats and generally making his life difficult often does the trick as long as you stay on the right side of the law.
Posted on 11 May 2009 | Love 1 love
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0thanks very much,,ckm4328..that is a very helpful reply, I think i go for it just to end up things and I will go to CAB too for further advice.
I was only kidding about friends chucking him out,,i really want to do chuck him the proper and lawful ways.
Thanks again!
Posted on 11 May 2009 | Love 0 loves
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85Morally I think there is nothing wrong with chucking him out. What a nasty piece of work to have repaid your mother-in-law's kindness in this way.
He certainly proves the saying "no good deed goes unpunished".
While a good idea to get advice confirmed by CAB you will need a Solicitor for this one. Ask around your friends and see if any of them know a good Solicitor in the area.
Posted on 12 May 2009 | Love 0 loves
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0Hi
Hope you have a signed short hold tenacy agreement. You can check on the web there is landlords zone + a few others for tips.
1st send them a signed for letter with your intensions next you need do a a 21 day notice prior to court but check you have the correct details entered. Next you go to the small claims court, although it will cost you at 1 st you add all the charges to there bill. If they are employed the judge can grant you a charge. The 21 day notice may just do the trick but I doubt it. When you collect the keys check for damage, then log it photo's if possible & send them a singed for letter again saying you will make a claim. Do you have any deposit ? CAB are some times helpfull depeding on who is on hand in your case a bit of legal is needed. GOOD LUCK
Marg
Posted on 12 May 2009 | Love 0 loves
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0Thanks to all of you, actually it is Mom's flat and there's no short hold tenancy agreement at all or any written contract even when my mom was alive.
I asked the solicitor that is winding up my mom's will and testament and she said she will send a letter to ask him to leave and respond in 7 days if nothing happened then it will be through court.
So are you saying, Marg that the person can be the one charged even for my costs? That will be better!!
Thanks a lot, guys
Posted on 13 May 2009 |
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0HI, just to update every1, solicitor asked him to leave end of june, letter was sent on the 8th of May, reply received end of May, saying not practical for him to move out on that time but will move out end of July.
Asked my solicitor to have a bargain saying I will agree but in exchange for right in my mom's lair in the cemetery as it is under his name even he did not pay for anything and stepfather was not even interested in getting a headstone and I could not get one unless he approves it. Well, I dont want to ask for his approval but I want paperworks(document) change to my name because he will leave anyway and stay with his new woman.
Posted on 16 June 2009 | Love 0 loves
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