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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partners daughter and family are living in my partners house,

Resolved Question:

My partners daughter and family are living in my partners house, having lived there for 13.5 years and although she has promised many times to first pay rent then buy the house she has yet to do either. For the last 2 years she has been promising to buy but nothing has materialised. Since this encompasses my partners pension we would like to sell but are having difficulty deciding on how to go about it. E.g Go to court for eviction. Could you advise as to the best way forward?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
On what basis did she move into the house to begin with - and are there any children involved?
Please confirm that your partner does not live there
Clare
Customer: replied 2 years ago.
She moved in because she was unable to pay rent on her then address and had been taken to court. The agreement was that initially allowed to live rent free until she married 7 years ago.
She has 3 children 2 by a previous partner.
My partner does not currently live there.
Expert:  Clare replied 2 years ago.
Hi
Just for clarity - is she now paying rent or not?
Clare
Customer: replied 2 years ago.
No she has promised to pay rent and she has promised to buy the house but never actually done either.
Expert:  Clare replied 2 years ago.
Hi
A strange question I know - but could your partner move back into the property temporarily - or would it be too difficult to do so
Clare
Customer: replied 2 years ago.
Yes she could.
Expert:  Clare replied 2 years ago.
Hi
The daughter is not a tenant - she is simple what is called a bare Licensee - and your partner can revoke the licence at any time.
All she needs to is give her daughter reasonable written notice to leave - at least 56 days since there are children involved and at the end of that time she can simply change the locks if she is living back there by then.
It could be easier emotionally if it is financially possible to offer her a lump sum to put down as deposit and first months rental on an alternative property.
Another option is to arrange to discuss matter suing Family mediation so that the daughter understands that this will really happen
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Please could you explain the last statement suing Family mediation.
Thanks
Expert:  Clare replied 2 years ago.
Hi
My apologies I am no typist I am afraid
I am suggesting that your partner USES mediation to negotiate with her daughter so that she understands the risks
Clare
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