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    • greyandyoung
    • By greyandyoung 16th Jul 17, 7:13 PM
    • 2Posts
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    greyandyoung
    Evicting Family from your property
    • #1
    • 16th Jul 17, 7:13 PM
    Evicting Family from your property 16th Jul 17 at 7:13 PM
    Hello,

    I hope someone can point me in the right direction.

    We own a property that we have family living in. As it is family they don't have a tenancy agreement, not do they pay rent; only the utility bills etc.

    We now have to sell the property and will need to evict then. What would be the correct way to go about this? They have told me I will need to give them an eviction notice but I am not sure which one to use or how to go about it?

    Any advice would be greatly appreciated.
Page 1
    • noddynoo
    • By noddynoo 16th Jul 17, 8:29 PM
    • 286 Posts
    • 69 Thanks
    noddynoo
    • #2
    • 16th Jul 17, 8:29 PM
    • #2
    • 16th Jul 17, 8:29 PM
    Can't you just give them a date? Why evict?
    • Pixie5740
    • By Pixie5740 16th Jul 17, 8:37 PM
    • 11,102 Posts
    • 15,386 Thanks
    Pixie5740
    • #3
    • 16th Jul 17, 8:37 PM
    • #3
    • 16th Jul 17, 8:37 PM
    If they don't pay rent they are not tenants but excluded occupiers. You only need to give reasonable notice and that doesn't even have to be in writing.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • G_M
    • By G_M 16th Jul 17, 8:37 PM
    • 41,950 Posts
    • 48,551 Thanks
    G_M
    • #4
    • 16th Jul 17, 8:37 PM
    • #4
    • 16th Jul 17, 8:37 PM
    Next time you go round for tea, tell them what date you plan to start marketing and hence when you'd like them to leave.

    As they are family, I'm sure they will then find somewhere else to move to.
    • elsien
    • By elsien 16th Jul 17, 8:40 PM
    • 15,300 Posts
    • 38,401 Thanks
    elsien
    • #5
    • 16th Jul 17, 8:40 PM
    • #5
    • 16th Jul 17, 8:40 PM
    My guess would be written confirmation to take to the council?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • trevormax
    • By trevormax 16th Jul 17, 8:56 PM
    • 847 Posts
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    trevormax
    • #6
    • 16th Jul 17, 8:56 PM
    • #6
    • 16th Jul 17, 8:56 PM
    My guess would be written confirmation to take to the council?
    Originally posted by elsien
    I think you hit the nail on the head with this.

    Also, if they are family and they are expecting you to go through the entire eviction process after you have given them a place to live pretty much free of charge, they are the biggest bunch of jerks imaginable and need to be cut from your life as soon as possible.
    • theartfullodger
    • By theartfullodger 16th Jul 17, 9:05 PM
    • 9,056 Posts
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    theartfullodger
    • #7
    • 16th Jul 17, 9:05 PM
    • #7
    • 16th Jul 17, 9:05 PM
    You can sell without evicting them. Why are you so insistent on evicting them, being as you are so happy to part with money by allowing them to live rent free.....

    It is entirely possible to sell with tenants/licensees in occupation: I have purchased just such a property some 11 years ago. All legal, above board, no issues.
    • sevenhills
    • By sevenhills 16th Jul 17, 9:54 PM
    • 715 Posts
    • 256 Thanks
    sevenhills
    • #8
    • 16th Jul 17, 9:54 PM
    • #8
    • 16th Jul 17, 9:54 PM
    They have told me I will need to give them an eviction notice but I am not sure which one to use or how to go about it?

    Any advice would be greatly appreciated.
    Originally posted by greyandyoung
    I assume they have said this because it will help them get a council house?
    • silvercar
    • By silvercar 16th Jul 17, 10:17 PM
    • 36,050 Posts
    • 152,271 Thanks
    silvercar
    • #9
    • 16th Jul 17, 10:17 PM
    • #9
    • 16th Jul 17, 10:17 PM
    You can sell without evicting them. Why are you so insistent on evicting them, being as you are so happy to part with money by allowing them to live rent free.....

    It is entirely possible to sell with tenants/licensees in occupation: I have purchased just such a property some 11 years ago. All legal, above board, no issues.
    Originally posted by theartfullodger
    "Tenants/ licensees" who pay no rent? who have no intention of moving? Why would anyone buy?
    • Marktheshark
    • By Marktheshark 16th Jul 17, 10:21 PM
    • 5,689 Posts
    • 7,159 Thanks
    Marktheshark
    You can ask them to leave and if they refuse the police can escort them from the property.
    They are permissive occupiers and once permission is withdrawn they are squatters and a new law enables the police to remove them.
    Brexit will become whatever they invent it to be.
    • Pixie5740
    • By Pixie5740 16th Jul 17, 10:30 PM
    • 11,102 Posts
    • 15,386 Thanks
    Pixie5740
    You can ask them to leave and if they refuse the police can escort them from the property.
    They are permissive occupiers and once permission is withdrawn they are squatters and a new law enables the police to remove them.
    Originally posted by Marktheshark
    Nonsense. Anyone who originally enters a property with the permission of the landlord is not a squatter.

    https://www.gov.uk/squatting-law/overview
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • G_M
    • By G_M 16th Jul 17, 10:35 PM
    • 41,950 Posts
    • 48,551 Thanks
    G_M
    They are permissive occupiers .
    Originally posted by Marktheshark
    Is that something I missed? Part of the permissive society? I think it passed me by.....
    • Thrugelmir
    • By Thrugelmir 16th Jul 17, 11:25 PM
    • 55,895 Posts
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    Thrugelmir
    We own a property that we have family living in. As it is family they don't have a tenancy agreement, not do they pay rent; only the utility bills etc.
    Originally posted by greyandyoung
    What was the arrangement for occupation?
    "Wide diversification is only required when investors do not understand what they are doing." - Warren Buffett
    • Geoff1963
    • By Geoff1963 17th Jul 17, 1:28 AM
    • 1,056 Posts
    • 677 Thanks
    Geoff1963
    There is a major difference in law between : someone who was once entitled to live somewhere, but the entitlement ran out ; and someone who was never entitled to live there. If there wasn't, I could go to view a rental property, and then stay there until my rent was 2 months in arrears.

    Councils will often suggest to homeless people that they should try to lodge with family, so they might ask why the OP has to sell the property. If they have been saving up the money they would have paid in rent, getting a new place will be easy ; if they had nothing spare, renting anywhere will be very difficult, which is why they'll need Council help.
    • AnotherJoe
    • By AnotherJoe 17th Jul 17, 8:15 AM
    • 7,599 Posts
    • 8,196 Thanks
    AnotherJoe
    I think you hit the nail on the head with this.

    Also, if they are family and they are expecting you to go through the entire eviction process after you have given them a place to live pretty much free of charge, they are the biggest bunch of jerks imaginable and need to be cut from your life as soon as possible.
    Originally posted by trevormax
    Rubbish. It's almost certain that this is being done with consent so that the family are eligible for council housing which they won't be if they leave.
    Last edited by AnotherJoe; 17-07-2017 at 10:10 AM.
    • theartfullodger
    • By theartfullodger 17th Jul 17, 8:58 AM
    • 9,056 Posts
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    theartfullodger
    "Tenants/ licensees" who pay no rent? who have no intention of moving? Why would anyone buy?
    Originally posted by silvercar
    My post was a somewhat ironic comment on their allowing "family" to live free, showing apparent lack-of-bother at loss of money, yet, I presumed, wishing to evict to get best price.

    However, were there to be such a property on sale it would go for under market price & many might think it worth a punt...
    • teddysmum
    • By teddysmum 17th Jul 17, 11:49 AM
    • 8,522 Posts
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    teddysmum

    However, were there to be such a property on sale it would go for under market price & many might think it worth a punt...
    Originally posted by theartfullodger

    Why would someone buy, even at a very low price, if they were unable to use the premises or extract any rent ?
    • greyandyoung
    • By greyandyoung 17th Jul 17, 12:50 PM
    • 2 Posts
    • 2 Thanks
    greyandyoung
    Many thanks to you all for taking the time to answer my question, as mentiond it is council driven to enable them to get social housing, and I am bery grateful for the advice.
    • molerat
    • By molerat 17th Jul 17, 1:02 PM
    • 17,337 Posts
    • 11,519 Thanks
    molerat
    http://england.shelter.org.uk/housing_advice/eviction/eviction_of_lodgers_and_other_excluded_occupiers

    Tell them verbally to leave, wait 7 days and change the locks while they are out .......... simples
    They then go to the council and tell them they are now on the street.
    Last edited by molerat; 17-07-2017 at 1:05 PM.
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    • seashore22
    • By seashore22 17th Jul 17, 1:02 PM
    • 695 Posts
    • 1,428 Thanks
    seashore22
    Many thanks to you all for taking the time to answer my question, as mentiond it is council driven to enable them to get social housing, and I am bery grateful for the advice.
    Originally posted by greyandyoung
    You don't say. We would never have guessed.
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