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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10456
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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my husband and i own a proper which we have allowed our married

Customer Question

my husband and i own a proper which we have allowed our married son to live in whilst he saves for a deposit to buy it. we agree 3 years maximum for him to do this. there is no tenancy agreement but we had understood he was living there with his family under a licence (although there is no paper contract just verbal).
Our son wants to leave his wife but this is causing us a lot of concern because we are unsure if this were to happen if we can lawfully give our daughter in law reasonable notice to vacate the property.
The property itself has no mortgage but the house in which we live has the mortgage debt and it had been our plan to repay our mortgage once our son had purchased the house.
Are we legally secure in obtaining vacant possession in this situation or should we put some kind of written agreement in place to put our minds at rest?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

On the basis that no rent is being paid, you are correct in that your Son and his family have merely a Licence to occupy, as opposed to a Tenancy.

Therefore, to end the oral agreement you have, you are within your rights to give them "reasonable notice" to vacate (normally 2 months at the most).

If, for example, his wife refuses to leave after the expiration of the Notice, you would still need to issue Court proceedings against her to obtaina possession order.

It would have been beter for all concerned if a formal Licence agreement had been drawn up at the onset, so both parties knew exactly how they stand. You can still get such an Agreement drawn up now, if you wish, but the position when it comes to evicting your daughter in law will remain the same- whether a party has a Tenancy or a Licence, Court proceedings are required to obtain a possession order if the occupier refuses to leave.ie if she refuses to leave.

I would certainly hope this won't be necessary.

I hope this assists and sets out the legal position.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

thank you for your reply. could you advise where to get a written licence agreement?

Customer: replied 2 years ago.

Dear Al,

please could you advise where i can get a written licence agreement?

kind regards

jayne

Expert:  Aston Lawyer replied 2 years ago.

Hi Jayne,

You can google "Licence Agreement property UK" or perhaps use this below website-

Kind Regards

Al

http://lawlive.co.uk/licence-agreement-templates/?gclid=CjwKEAjw876oBRCYr86w6KGfpkgSJAACIidwQv8zXBA14Z_AsBGBxBrfUNIEaV1kuFScgDm4ZrxznBoC93vw_wcB

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