Evicting from sold house

supa34

The ex bf is selling the house that is 100% in his name. The ex gf lives in there and doesn't plan on moving out. Paperwork will be signed soon. How would you go about evicting the ex gf from the house. Unlike tenants there is no agreement.

G_M

Are you the buyer?
Or the ex bf?

How long has ex gf lived there?
Has ex gf ever contributed to the house eg: paying the mortgage? Paying for the new conservatory? Kitchen? extension? redecoration?

If she has made direct contributions she may have earned some property rights and ex bf should take legal advice.

If not, ex bf should give ex gf a week to leave, then change the locks while she is at work/at the shops etc.

Then pack up her stuff and arrange a time when she can collect (without coming in).

The seller will have to declare to the buyer the names of all adult residents, and confirm that those peoplewill leave on or before Completion.


edit:I may have misunderstood. Does ex bf also live there or is gf living there alone? If alone (with exclusive occupation), and as slithery says below has paid rent in cash or kind, then she'll be a tenant. Serve S21, wait 2 months, apply tocourt, wait 2 months, get possession order, wait for bailiffs.........

Slithery

Has she ever paid for anything in relation to the property since he left? It doesn't have to be cash - payment in kind will suffice. If so then it could be argued that a legal tenancy has arisen, whether or not there is any paperwork is irrelevant and he will have to go through the proper eviction process - think 6 months to a year to get her out.

If nothing of monetary value has been exchanged for letting her live in the property then it could be argued that all she has is a license to occupy and can be kicked out with minimal (1 week?) notice.

I'm just guessing at most of this though, wait to see what others have to say as well.


Edit - And I might have misunderstood as well I presumed (possibly incorrectly) that BF was no longer in residence.

Looks like we've covered both scenarios between us though

davidmcn

supa34 wrote: »

Paperwork will be signed soon.

What "paperwork"? If you mean the contract for the purchase of the house, I can't see anybody exchanging until she moves out.

ethank

Most solicitors use standard contract conditions. The owner is required to advise their solicitor of any adult living in the property, and the occupier (GF) normally must sign the contract to state that they will ensure the vendor can give vacant possession (See pic). You will need this for exchange. Don't think this sale will go anywhere until this issue is sorted.

[Deleted User]

I think it might be more effective for the interested party to ask these questions of his solicitor, with utmost urgency (they should have been raised before the house was sold to be honest). They have the paperwork. They know what, if anything, has been agreed. Any opinions we give are not based on facts, more on imagination. That's not going to help anyone.

elsien

Making it worth her while to shift might be quickest and easiest in the long run.

supa34

Good advice guys. I have been offered the property. The fella got the property before he met his gf and they have kids together so been with her for a long time but they are not on speaking terms for a while now. She won't move out so his got a property on rent and moved in there with the kids. He was selling it off cheap but I didn't want the hassle so his now offered it to a mate. The legal side seems dodgy too. They are using a firm with two offices so each office will handle each party.

Kentish_Dave

Wait until she’s out, change the locks, and then carefully pack her possessions into waterproof bags and leave them somewhere safe that she can retrieve them from.

Block her phone number, block her email address, don’t open the door to her.

pinkshoes

supa34 wrote: »

Good advice guys. I have been offered the property. The fella got the property before he met his gf and they have kids together so been with her for a long time but they are not on speaking terms for a while now. She won't move out so his got a property on rent and moved in there with the kids. He was selling it off cheap but I didn't want the hassle so his now offered it to a mate. The legal side seems dodgy too. They are using a firm with two offices so each office will handle each party.

Well that's a different matter.

She may not own the house, but as they have kids together and been together a long time, she has contributed to the relationship and house, so is perfectly entitled to stay there.

She will need to be bought out. He needs to make sure there is a roof over his kids heads!!!

Mojisola

supa34 wrote: »

She won't move out so his got a property on rent and moved in there with the kids.

pinkshoes wrote: »

She may not own the house, but as they have kids together and been together a long time, she has contributed to the relationship and house, so is perfectly entitled to stay there.

She will need to be bought out. He needs to make sure there is a roof over his kids heads!!!

The kids are living with him.

As they weren't married, she would have to pay to go to court to make any claim on the house - he could offer her a lump sum to move out to avoid that happening.

If she refuses that, he can go ahead and lock her out - she isn't his spouse and she isn't an owner.