How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Hi, not too sure where to start with this but we just need

Customer Question

Hi, not too sure where to start with this but we just need to know where we stand. We own a house that my son rents from us, there are no tenancy agreements. His girlfriend moved in about 4 years ago, she never worked and as a consequence never paid anything towards rent or bills. The relationship has now ended, my son said she could stay for a couple of months 'till she sorted herself out but then she must move on. But she has buried her head in the sand and not really done anything about it. She says she has a place to move into in a few weeks and she wants to stay until this is ready. We do not want her to stay, we want her out she is causing my son a lot of problems. We feel she has been given more than reasonable notice, she says she will be homeless if we kick her out but she has another boyfriend who she stays with when it suits her and also her Father has offered to put her up for a while. What I need to know is can we change the locks and not allow her access to the property other than to collect her belongings?
Thanks & regards
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You can't just change the locks - you MUST have a Court order.

Alex Watts :

You need to serve a formal notice in writing asking her to leave or say you will go to Court otherwise.

Alex Watts :

If she refuses then you can issue proceedings for possession.

Alex Watts :

You can do this on form n5

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf

Alex Watts :

The Court will list the matter for hearing and decide whether to give possession

Alex Watts :

bearing in mind she has no right and no tenancy then the Court will give possession

Alex Watts :

If she still refuses to move then she can be evicted with bailiffs.

Alex Watts :

But the Council wont rehouse her unless there is a Court order for possession

Alex Watts :

Can I clarify anything for you about this today please?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Clare replied 2 years ago.
Ho it will be much easier for your son to deal with this.all he needs to do now is give her 28 days written notice to leave and at the end of that time change the locks whilst she is out and pack up her belongings ready for collectionClare
Customer: replied 2 years ago.

Thanks Clare, according to the 'shelter' website it would seem she is classified as an 'excluded occupier' and if this is the case they say that reasonable notice needs to be given and this does not have to be written, She has had over 2 months verbal notice and reminders about the deadline date. If we take action on this by changing the locks what action could she take against us taking into account the fact that she has never had a tenancy agreement or paid anything towards the rent or bills?

Expert:  Clare replied 2 years ago.
Hi
She will not take action against you - she will make a Family law application against your son and will win.
he needs to give her 28 days written notice before changing the locks
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice