Unnusual (I think) Predicament

geocalico

Hello, 

I own a house which I used to live in with my partner. Things didn't work out so I moved out and left them there because they couldn't afford to get their own place.

There is no tenancy agreement in place and they don't pay me any rent but they are responsible for the council tax and utilities.

I would like to sell the house but they are refusing to engage with me; the house is a mess and I know they will not cooperate with estate agents or surveyors if they were to knock on the door.

I anticipate this could get messy but before I start anything, I need to know what my rights are as well as THEIR rights so I don't do anything wrong.

In the absence of a tenant agreement could I have them arrested for trespass if they refuse to vacate? 

Does contributing to the running of the house (council tax etc...) in the past few years give them any residential rights? 

I have many questions in my head but the 2 above are perhaps the most critical as a starting point. 

Thanks for reading. I would be grateful for any advice. 

marcia_

geocalico said:

Hello, 

I own a house which I used to live in with my partner. Things didn't work out so I moved out and left them there because they couldn't afford to get their own place.

There is no tenancy agreement in place and they don't pay me any rent but they are responsible for the council tax and utilities.

I would like to sell the house but they are refusing to engage with me; the house is a mess and I know they will not cooperate with estate agents or surveyors if they were to knock on the door.

I anticipate this could get messy but before I start anything, I need to know what my rights are as well as THEIR rights so I don't do anything wrong.

In the absence of a tenant agreement could I have them arrested for trespass if they refuse to vacate? 

Does contributing to the running of the house (council tax etc...) in the past few years give them any residential rights? 

I have many questions in my head but the 2 above are perhaps the most critical as a starting point. 

Thanks for reading. I would be grateful for any advice. 

 No, tenancies do not have to be in writing. By moving out and letting him live there you have created a verbal tenancy agreement and will need to issue court proceedings to get him out. 

Emmia

geocalico said:

Hello, 

I own a house which I used to live in with my partner. Things didn't work out so I moved out and left them there because they couldn't afford to get their own place.

There is no tenancy agreement in place and they don't pay me any rent but they are responsible for the council tax and utilities.

I would like to sell the house but they are refusing to engage with me; the house is a mess and I know they will not cooperate with estate agents or surveyors if they were to knock on the door.

I anticipate this could get messy but before I start anything, I need to know what my rights are as well as THEIR rights so I don't do anything wrong.

In the absence of a tenant agreement could I have them arrested for trespass if they refuse to vacate? 

Does contributing to the running of the house (council tax etc...) in the past few years give them any residential rights? 

I have many questions in my head but the 2 above are perhaps the most critical as a starting point. 

Thanks for reading. I would be grateful for any advice. 

Have they paid for any upgrades/significant maintenance of the property, e.g. new windows,  kitchen, bathroom etc.?

I think you probably need some legal advice here - do you have some cash / are you willing to pay them some money to move out to let you sell.

flaneurs_lobster

marcia_ said:

geocalico said:

Hello, 

I own a house which I used to live in with my partner. Things didn't work out so I moved out and left them there because they couldn't afford to get their own place.

There is no tenancy agreement in place and they don't pay me any rent but they are responsible for the council tax and utilities.

I would like to sell the house but they are refusing to engage with me; the house is a mess and I know they will not cooperate with estate agents or surveyors if they were to knock on the door.

I anticipate this could get messy but before I start anything, I need to know what my rights are as well as THEIR rights so I don't do anything wrong.

In the absence of a tenant agreement could I have them arrested for trespass if they refuse to vacate? 

Does contributing to the running of the house (council tax etc...) in the past few years give them any residential rights? 

I have many questions in my head but the 2 above are perhaps the most critical as a starting point. 

Thanks for reading. I would be grateful for any advice. 

 No, tenancies do not have to be in writing. By moving out and letting him live there you have created a verbal tenancy agreement and will need to issue court proceedings to get him out. 

Bit prompt in assigning gender to the property's senior resident?

_Penny_Dreadful

geocalico said:

Hello, 

I own a house which I used to live in with my partner. Things didn't work out so I moved out and left them there because they couldn't afford to get their own place.

There is no tenancy agreement in place and they don't pay me any rent but they are responsible for the council tax and utilities.

I would like to sell the house but they are refusing to engage with me; the house is a mess and I know they will not cooperate with estate agents or surveyors if they were to knock on the door.

I anticipate this could get messy but before I start anything, I need to know what my rights are as well as THEIR rights so I don't do anything wrong.

In the absence of a tenant agreement could I have them arrested for trespass if they refuse to vacate? 

Does contributing to the running of the house (council tax etc...) in the past few years give them any residential rights? 

I have many questions in my head but the 2 above are perhaps the most critical as a starting point. 

Thanks for reading. I would be grateful for any advice. 

How’s the property owned? Solely in your name or jointly with your ex? 

If solely in your name does your ex pay you rent to live in the property? 

Lastly, which part of the UK is the property in? Scotland, England, Wales or Northern Ireland? 

marcia_

flaneurs_lobster said:

marcia_ said:

geocalico said:

Hello, 

I own a house which I used to live in with my partner. Things didn't work out so I moved out and left them there because they couldn't afford to get their own place.

There is no tenancy agreement in place and they don't pay me any rent but they are responsible for the council tax and utilities.

I would like to sell the house but they are refusing to engage with me; the house is a mess and I know they will not cooperate with estate agents or surveyors if they were to knock on the door.

I anticipate this could get messy but before I start anything, I need to know what my rights are as well as THEIR rights so I don't do anything wrong.

In the absence of a tenant agreement could I have them arrested for trespass if they refuse to vacate? 

Does contributing to the running of the house (council tax etc...) in the past few years give them any residential rights? 

I have many questions in my head but the 2 above are perhaps the most critical as a starting point. 

Thanks for reading. I would be grateful for any advice. 

 No, tenancies do not have to be in writing. By moving out and letting him live there you have created a verbal tenancy agreement and will need to issue court proceedings to get him out. 

Bit prompt in assigning gender to the property's senior resident?

 🥱🙄 is that it? 

Albermarle

_Penny_Dreadful said:

geocalico said:

Hello, 

I own a house which I used to live in with my partner. Things didn't work out so I moved out and left them there because they couldn't afford to get their own place.

There is no tenancy agreement in place and they don't pay me any rent but they are responsible for the council tax and utilities.

I would like to sell the house but they are refusing to engage with me; the house is a mess and I know they will not cooperate with estate agents or surveyors if they were to knock on the door.

I anticipate this could get messy but before I start anything, I need to know what my rights are as well as THEIR rights so I don't do anything wrong.

In the absence of a tenant agreement could I have them arrested for trespass if they refuse to vacate? 

Does contributing to the running of the house (council tax etc...) in the past few years give them any residential rights? 

I have many questions in my head but the 2 above are perhaps the most critical as a starting point. 

Thanks for reading. I would be grateful for any advice. 

How’s the property owned? Solely in your name or jointly with your ex? 

If solely in your name does your ex pay you rent to live in the property? 

Lastly, which part of the UK is the property in? Scotland, England, Wales or Northern Ireland? 

From the OP.

I own a house which I used to live in with my partner. Things didn't work out so I moved out and left them there because they couldn't afford to get their own place.

There is no tenancy agreement in place and they don't pay me any rent 

theartfullodger

As no rent or anything else of value paid there is no tenancy.  

Entirely legal to sell the property with them in occupation, suggest you proceed with this. Appreciate it will be of lower value.

Good luck......

mlz1413

If you own it then you have the right to move back in.
If you live there your ex will probably won't want to live there.... which maybe the solution  you need.

Even if you jointly own you still have the right to live there, have friends round, have parties etc etc. As do they,  if they part own.

If you own solely then your generous offer of letting them stay has back fired. They are clearly happy living rent free.

If you own solely you can make any changes you like to the house, ie changing the locks.

Maybe pay for some legal advise. A stern letter from a solicitor may do the trick.

saajan_12

geocalico said:

Hello, 

I own a house which I used to live in with my partner. Things didn't work out so I moved out and left them there because they couldn't afford to get their own place.

There is no tenancy agreement in place and they don't pay me any rent but they are responsible for the council tax and utilities.
..
In the absence of a tenant agreement could I have them arrested for trespass if they refuse to vacate? 

To clarify this means you own the property solely? And they don't pay cash rent but do they contribute in other ways eg repairs (not counting bills)? 

Depending on the above, they are likely an EXCLUDED OCCUPIER. You'd have to give them 'reasonable notice' - say 2 months notice in writing to vacate. After the notice has expired, then you can peacefully evict eg change the locks and get police standby to avoid any escalation. 

However be very sure before you do - if they are not excluded then you have to go via courts and it could be a criminal act to evict a tenant without this. 

_Penny_Dreadful

Albermarle said:

_Penny_Dreadful said:

geocalico said:

Hello, 

I own a house which I used to live in with my partner. Things didn't work out so I moved out and left them there because they couldn't afford to get their own place.

There is no tenancy agreement in place and they don't pay me any rent but they are responsible for the council tax and utilities.

I would like to sell the house but they are refusing to engage with me; the house is a mess and I know they will not cooperate with estate agents or surveyors if they were to knock on the door.

I anticipate this could get messy but before I start anything, I need to know what my rights are as well as THEIR rights so I don't do anything wrong.

In the absence of a tenant agreement could I have them arrested for trespass if they refuse to vacate? 

Does contributing to the running of the house (council tax etc...) in the past few years give them any residential rights? 

I have many questions in my head but the 2 above are perhaps the most critical as a starting point. 

Thanks for reading. I would be grateful for any advice. 

How’s the property owned? Solely in your name or jointly with your ex? 

If solely in your name does your ex pay you rent to live in the property? 

Lastly, which part of the UK is the property in? Scotland, England, Wales or Northern Ireland? 

From the OP.

I own a house which I used to live in with my partner. Things didn't work out so I moved out and left them there because they couldn't afford to get their own place.

There is no tenancy agreement in place and they don't pay me any rent 

I didn’t want to assume the OP was the sole owner of the property.  

I also take claims of no tenancy being in place with a grain of salt. How many threads have there been where just because there’s nothing in writing it’s mistakably believed there is no tenancy in place? 

I find it odd that the sole owner of a house would move out to let an ex partner remain there and never, not once, accept any rent.