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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My mum currently rents the bungalow next door from my sisters

Resolved Question:

My mum currently rents the bungalow next door from my sister's husband and pays £460 a month. She has never had any contract/document as his tenant and has been living there approximately 8 years. My sister is about to divorce her husband and move out. Is my mum about to be evicted, should the situation turn nasty? Or is she a sitting-tenant? What are her rights, please? She is 79 in April this year.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : She can only be evicted with a court order.
Alex Watts : However she does not have any written agreement she is a tenant at will. This same she has no protection.
Alex Watts : The landlord could serve notice to ask her to leave but by law must give a minimum of 2 months notice.
Alex Watts : If she does not move out at the end the landlord can apply for possession from the court. This takes around 4-6 weeks to get into court.
Alex Watts : A court can give up to 42 days for possession.
Alex Watts : Then if she doesn't move out the landlord has to apply for a warrant of possession which takes around 4-6 weeks.
Alex Watts : So all in all she could delay it by about 5 months.
Alex Watts : But she has no agreement and therefore no right to remain.
Alex Watts : Can I claiify anything for you about this today please?
Customer:

What if he changed the locks?

Alex Watts : That is an unlawful eviction and she can sue for loss and damage.
Alex Watts : In short a court order must be obtained before any eviction.
Alex Watts : Does that help?
Customer:

Many thanks for you help X

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