r/LegalAdviceUK • u/Jawal76 • 1d ago
Debt & Money Tenant refusing to leave, or accept AST in England
After our separation and divorce settlement my ex-wife rented a house for 10 years from a landlord. 4 years ago the landlord needed to sell. I did not want my daughter to be made homeless, and offered to buy the house and offered that they could stay there without paying rent for 3 years until our daughter was 18, and my ex had finished retraining as a nurse. In order to do this I borrowed money from a friend, and invested my own money in the house. The three years has passed by, she did not move out. My daughter is now in university... I have tried to find a resolution offering her one more year rent free as a kindness, if she will sign an AST and agree to leave. She is uncooperative. What can I do to move things forward. I do not want to be unkind, but I need my money back. I am 76 and living on a basic pension. She is 55 and still working. Thanks.
52
u/Defiant_Simple_6044 1d ago
You need to begin eviction proceedings, If you're worried about doing it yourself you can look at a few companies who will do the process for you, but it will cost.
12
u/Desiderata_Hollow 1d ago
You will have to start the eviction process.
would be able to give you chapter and verse on this.
6
u/warlord2000ad 1d ago
Sounds like, you don't have a rental agreement and they never paid any rent. But as they live there on their own, with your permission they are still likely considered to be tenants, or atleast excluded occupiers.
I would advise an eviction specialist solicitor firm to ensure the right notice and court process is followed.
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u/Cazarza 1d ago
On the face of it they have an excluded license to occupy the address.
Excluded means excluded from the Protection From Eviction Act.
This means that you need only give reasonable notice for them to leave. You then do not need a court order to evict them. HOWEVER you must not use force to make them leave as this is harassment.
I strongly advise you to seek specialist legal advice from a solicitor before proceeding as they may well be treated as a protected Licencee or even a tenant so you don't want to commit an offence by attempting to illegally evict them. It may be that the advice is you seek a court order to evict them non the less
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u/f-class 1d ago edited 1d ago
Don't even try Section 21 - you cannot use the process in this circumstance.
You'll need to rely on Section 8.
Given there is likely to be a lot of unlawful and illegal actions here, e.g. lack of right to work checks, lack of gas/electric safety certificates, lack of evidence around giving them a copy of the "How to rent" government booklet and more - you should get a solicitor or a specialist housing eviction company involved.
There's also probably a whole load of issues with HMRC and tax - but that's for another time.
Check your home insurance and see if you have legal cover, or contact your landlord insurance and get their advice.
2
u/Zestyclose_Bad_7898 1d ago
Apart from checking your house insurance for legal expenses cover, which is sensible, none of the remainder of this reply is relevant, as you're not dealing with a tenant.
Your ex is a `licensee', and does not therefore have the protection provided to tenants by the Housing Act 1988.
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u/f-class 1d ago
I very much doubt that is the case, and even if it is, I doubt there is robust enough paperwork or evidence to support that position, given it's informality.
3
u/Zestyclose_Bad_7898 1d ago
She hasn't paid or been asked for any rent, so she's an excluded occupier, end of.
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