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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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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: 10916
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