Unwanted Lodger

blackbirdxx

Not sure if this is the most appropriate forum for this question.....

A lady friend of mine purchased a house on a 25 year mortgage about 15 years ago and initially lived with a man who was then her boyfriend with the intention of getting married. This relationship was short lived (about 2 years) but the man continues to live in the house as  a lodger. This is purely for convenience to both parties and he lives like a tenant despite having no contract. They have a convenient relationship by splitting the household bills and food but, unfortunately, this has become strained and has deteriorated. 

My friend now wants to move on with her life but the man is not for moving. He says the only way he'll move is if the value of the house is split 2 ways as he considers that in the eyes of the law they have been living as common law husband and wife. This obviously has not helped the relationship and she now wants him to find alternative living.

Getting him to move is proving to be a big problem, does anybody here have any ideas?? If she does choose to pay him a sum of money to avoid too much nasty confrontation, what is a fair sum?   

sammyjammy

There is no such thing as common law husband and wife in the UK.  The tricky thing is their being no lodger agreement and them being a couple when he moved in it could be seen that the rent he paid helped pay towards the mortgage and he therefore has an interest in the house.

However, in basic terms he is an unofficial occupier (that's not the right term but my brain won't work LOL) so she is free to change the locks when he is out of the house and pack up his stuff.

[Deleted User]

Blackmail. Call the police, eyes of the law and all that, let them have a word.

jimbog

common law spouses do not exist in UK so she needn't worry on that score

BlueVeranda

Scotland, however, does offer some support for common law spouses / cohabiting couples (not to say that I consider his claim valid) - so are you able to clarify whether they are or are not residing in Scotland?

FreeBear

Do they share the same bed ?

No - In that case, no common law anything in my opinion.

Which names are on the deeds & mortgage - That would have a bigger impact on whether he has any claim on the equity in the house. I would suggest consulting a solicitor that specialises in family law for a qualified opinion and guidance on the next step.

propertyrental

* England? Scotland?
* whose name on the deeds?
* is there (was there) a mortgage? Whose name?
* any capital contributions? Did he pay for a conservatory? Extension? Major roof repairs?
* Does he pay rent (over and above living costs like food, loo paper etc)?

If England, serve 'reasonable' notice (eg a week if rent paid weekly) then change the locks.

Scotland has different rules.

blackbirdxx

Thanks for the prompt responses.
In answer to all the Q's....

The house is in London
Her name is on the mortgage only and they do not share a bed.
I guess he could argue he has been paying towards the mortgage all of these years as they both work and split costs. As far as I know, she pays the mortgage and he pays the food and towards the bills. He does pay, however, far less than he would if he was paying private rental.
He has never paid towards any maintenance/extensions on the house or put in any capital.

I do appreciate this isn't an easy problem to resolve but does anybody have any good ideas of how she can end this stalemate. Is a solicitor the only way?

thanks

theoretica

The starting position is that it is her house, she can tell him to leave.  He is the one who (first) would need a solicitor if he wishes to make a claim against his landlady/housemate.

I wonder in the last decade or so how he has filled in paperwork -'single'?  If that could be demonstrated it might be useful if he does try a relationship claim.

deannagone

Using a solicitor is probably the best way as I imagine the house is worth a fortune if in London.  Could save her a lot of money in the long run.  

Given he is not on the deeds, the mortgage is hers, I think he is on a hiding to nothing but its better to check with a solicitor first to make sure.  The 99.5 (probably higher) % on here are not legally qualified lol.

Scotbot

I am not sure sharing a bed in relevant,  the Queen and Prince Philip didn't and they were definitely a couple. In short you need a qualified legal opinion not that of a bunch of bush lawyers (Aussie term) me included.