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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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My son and daughter in law agreed to let someone stay

Customer Question

My son and daughter in law agreed to let someone stay for 2 weeks in December till they sorted themselves out and she has not left despite several requests to do so. He has been driven to giving her a written notice which ended yesterday and she has ignored it. She has lived there for 3 months as a guest sharing their facilities and paying nothing the only thing she does is buy her own food. What can he legally do?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Jo C. :

Hi. Thank you for your question. My name is ***** ***** I will try to help with this.

Jo C. :

Has he paid rent?

JACUSTOMER-z1xzq947- :

My son is the tennant but she has paid nothing to him.

Jo C. :

Does he have permission to have a guest or to sublet?

JACUSTOMER-z1xzq947- :

He can have guests, we have stayed and other friends occasionally but he cannot sublet as far as I know.

Jo C. :

If she is genuinely just a guest then he can just give her notice and if she does not leave then wait until she goes out and change the locks after her. She is guest not a tenant.

Jo C. :

I don't know whether she is likely to start saying she has paid rent?

Jo C. :

Either way, he has given notice and can evict her by changing the locks if she is living in the property with him.

Jo C. :

the risk is that she may complain to the landlord possibly but unless she can show a transfer of money the landlord is not likely to be interested.

Jo C. :

Can I clarify anything for you?

Jo C. :

Jo

JACUSTOMER-z1xzq947- :

That is very helpful to know and sadly I think it may come to that. Too many people know she hasn't paid rent for that to be a problem.

Jo C. :

He should be OK.

Jo C. :

If she is female she will probably make an allegation of abuse!

Jo C. :

Actually, in fairness, the overwhelming majority of women don't do that.

Jo C. :

It just seems to be becoming a bit of a universal excuse for everything for the small minority of dishonest women prepared to say anything to escape responsibility.

JACUSTOMER-z1xzq947- :

Thank you for clarifying things and being so prompt it very reassuring. As for any allegations thankfully his wife could say otherwise and he's out at work all day anyway so I don't think that will happen. Thank you so much it's put our minds at rest now we know what we can do.

Jo C. :

Oh yes, it never makes any difference.

Jo C. :

I have just noticed that there are some female tenants who think that if they claim their landlord has a sexual interest in them that means they don't have to pay rent.

Jo C. :

They get rude awakenings at court.

Jo C. :

All the best.

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

Just wanted you to know that after a very traumatic 3 days she has finally gone! My son did indeed end up having to lock her out and today she texted him an address to take all her belongings to which he did and she was there to receive them. After the initial upset when she realized he was taking a firm stand and no amount of emotional blackmail was going to work she caused no further problem. She is telling bad stories about them to anyone who will listen but right now they are just very very relieved. Thank you.

Expert:  Jo C. replied 2 years ago.
That is great. Glad it worked out.
She will be making widespread allegations! The point is that she is gone.