Getting "guest" out a day before completion?

GoToGal

A relative lives in my place which is now sold (I rent 2 hours away). They were due to move out yesterday but have now stopped answering their phone/replying to messages and it seems they haven't actually moved out.

I'm due to complete on Friday and am going over there today to make sure the house is empty. Does anyone know of a reliable emergency removals / storage company?

I'm considering changing the locks as they have a tendency to not take responsibility for sorting themselves out and have resorted to blackmail in the past i.e. "I'm not doing anything till you give me x as I have no money and nowhere to go".

They aren't technically a lodger as they never had an agreement to live there but they did sign the sale contract to say they would be out by the date of completion.

Is there anything else I should be thinking of? Bit flustered this morning as you can imagine, especially since they appear to have gone to work!

Wickedkitten

Have they been paying you rent?

GoToGal

No rent has been paid to me at any time.

Kynthia

If they have never paid rent and there was no agreement to pay rent then they are an excluded occupier. Shelter can give you more info but they have very little rights and you only have to give reasonable notice which it seems you've done. Therefore as long as you don't use threats or violence you could change the locks when they are out or move their belongings out to encourage them to go.

GoToGal

Thanks, will call Shelter and get cracking.

Kynthia

They couldn't be a lodger as you don't live there. If there was an agreement to pay rent then they are a tenant with rights and you have a big problem. You would need to evict them through the courts which could take months.

If you go to the property i'd take print outs of the rights of excluded occupiers to show your friend and the police if they should be called.

AlexMac

Good luck; at least it would appear you've not muddied the water by telling the truth to the solicitors (yours or the buyer's), so it's just a question of negotiating, bouncing or bribing 'em out.

On two past sales, we admitted to another occupant (a temporarily homeless friend, with us for only a few weeks) and more significantly, a 20-something son/stepson. Solicitors got very humpy. Insisted they both sign leagl waivers to any rights; both resolved easily, but amazing how worried lawyers seem to get about squatters!

jjlandlord

They are not necessarily excluded occupiers (probably not, actually) because it seems that they do have exclusive possession.
No rent whatsoever means no tenancy, but it does not rule out a license to occupy.
In such case OP would need to serve a notice to quit (no less than 4 week notice) then get a court order to evict.

This can be a can of worm. Unless OP and relatives come to an agreement, OP should consult a knowledgeable solicitor to get actual legal advice.

pinkteapot

Let us know what happens OP. I feel for you - stress you really don't need when selling a house!

theartfullodger

Doubt Shelter will help a landlord.

Tread carefully- particularly if occupant can show they paid for some things or rent. Illegal eviction is a criminal act & can result in a free holiday for you in prison

Cheers!

DVardysShadow

Regardless of the status of the occupier, by knowingly signing the contract, they have joined the owner in committing to the sale. So if they stay on, while the intending purchaser will probably claim successfully against the owner, the owner could probably make a similar claim stick on the occupier.

Perhaps one for the occupier to think about.