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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 32979
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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MY sister had her son and girlfriend stay at the family home

Customer Question

MY sister had her son and girlfriend, return home after sharing a flat,  stay at the family home for three months on a pay £200 per month (if/when) they can and a few payments were made to her bank account. All agreements verbal. Is this a tenancy agreement and can they be considered sitting tenants for selling the property, they have left possessions for their return. My sister is getting divorced and her husband wants the property sold and she wants to stay there because she had promised her son and girlfriend that they can stay if they promise to pay for their rooms and food. They have been paying her some cash and some through a bank account. How can we establish that these two people are sitting tenants and cannot be evicted as long as they pay £200 per month rent on our agreed pay when they can basis..

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question I shall do my best to assist you.
I am sorry but quite simply whatever you do the Family court will not accept that her son and his girlfriend are sitting tenants and that the house cannot be sold.
It would be a waste of effort to even try and argue this - and could in fact harm any more realistic arguments that your sister does have
I am sorry that this is not the answer that you wanted - please ask if you need further explanation
Customer: replied 3 years ago.

Can you suggest legal ways to stop the sale of this house?


Divorce court just has split the property 50/50 and ordered the property to be on the market in 14 days.


To stop the sale:


Is she allowed to point out to potential buyers:


1. Water entering the house from the front door during heavy rainfall


2. A Gardner found some Japanese knotweed in a path on the side of her house and some in her garden


3 She has a nasty, vile tongued neighbor who keeps complaining about the slightest pin drop of a sound. She bangs the wall every time.


4. Neighbor on other side claims that three small trees on her property are damaging his property, really he just wants more sunlight in his kitchen. She wrote to him asking him to stop harassing her about the tree, but he brings up the issue every time they meet.


5. Her neighbor also claims that poor maintenance of her roof is damaging his roof.


6. Holes in her separate garage roof is causing damage to his garage.


We can think of about 10 more things to put off the sale.


I will be honest with you and the advice I seek is how can we prevent the sale of this house without


Legally, can this plan to stop the sale of the house work? and if not can you suggest something that can prevent the sales of this house for at least 2 years.


Expert:  Clare replied 3 years ago.
Why did the court order the sale?
Customer: replied 3 years ago.

Divorce 50-50 split and her husband wants to sell - mainly to make life difficult for my sister. He is employed and can afford to stay in a flat he has rented.


My sister cannot afford to move as there is very little equity in the house and she has been a housewife bringing up their son - now aged 30+.


Can we put some kind of charge on the house, with my sister's agreement, if we lent some money to her on a private basis?


We are desperate to prevent the sale of this house.



Expert:  Clare replied 3 years ago.
I am sorry I did not make myself clear
Why did the court not deal with the issue of your sister's housing needs?

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