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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Yes, did you get my response to your long email? rgds p

Resolved Question:

Yes, did you get my response to your long email?
rgds paul
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
HelloI am sorry I am not able to determine what this relates to because it is not linked to any previous question you have asked. Could you kindly confirm what this relates to - if you could advise what your original question was and when you asked it?
Customer: replied 2 years ago.

I asked it four hours ago. 15206840-610

My girlfriend and I are splitting up amicably. She has lived in a flat I own for two years. I do not live there. She does not pay any rent. I pay council tax and service charges, she pays utilities.

A colleague has suggested that I may have to offer her part of the sale of the property should I decide to sell it. can you advise if this is the case. There are no children, there is no mortgage and I am not in any rush for her to leave. She can stay as long as she wants. I did not live there.

rgds Paul

Expert:  Joshua replied 2 years ago.
Ah - yes I did thank you and I posted a comprehensive reply setting out your position. I am guessing from the above you haven't been able to view that?
Customer: replied 2 years ago.

no, I saw it but I had further questions which I've incorporated in the above. you asked if there were children. Answer no.

you asked if there were mortgage contributions, answer no.

You also mentioned she would have rights to stay for several weeks and I have said she can stay as long as she wants. My question now is, is she legally entitled to any value in the property? As my colleague ahs suggested? thanks Joshua for your reply. paul

Expert:  Joshua replied 2 years ago.
Thank you. It sounds like you were able to view my initial request for some further information and kindly replied to that which I saw. It sounds like you have not been able to see my full response though which I will repost below. I am very sorry if you have experienced any technical difficulties. Generally the position is very straightforward but there is a potential trap you will need to be careful to avoid though that should not be at all difficult here based on what you say. If your girlfriend pays money each month either towards outgoings, then her position is that of "excluded occupier" (often known as a lodger). If this is the case then she is entitled to a minimum period of 28 days notice under the Protection Against Eviction Act. Alternative if she argues the money she has paid is rent, though this may be difficult from what you say she may be a tenant and therefore is entitled to two clear months notice under a specific notice known as a s21(4)a notice which can only come to an end the day before rent is payable under the tenancy. If you would like any assistance with the preparation of the correct notice as they can very easily go wrong I would be very happy to prepare on for you for around £60. If there is any doubt as to whether the money was rent or for outgoings, it is better to assume that she is paying rent and serve notice on this basis. You should retain a copy of the notice you provide. If she refuses to move out, in either event because you do not share occupation of the property with her, it is necessary for you to obtain a court order for possession and it would be a criminal offence to force her to leave without a court order. As referred to above there is a potential trap you must be careful to avoid which is that if she were to claim that her payments were instead payments towards a repayment mortgage, it is feasible for her to claim she has made capital payments towards your property (the repayment of capital not the interest) and therefore has an equitable (money) interest in your property. If she establshes this she can also establish a right of occupation until the matter is settled potentially by you repying her the interest she claims. In short this has the potentially to be very messy and potentially costly. However this is not a significant risk in this case because the amounts she has paid a comparatively low and she has paid them directly towards outgoings not the mortgage and accordingly, providing you are clear that the amounts are a contribution towards outgoings, this is not an appreciable risk in this case. One last point to make is notwithstanding the above, because you have been in the relationship and living together, although you have the right to serve notice as set out above, she also has the right to apply to court for an occupation order. An occupation order is available to individuals who have been living together or in a relationship together to allow the party who is required to leave the home sufficient time to find alternative accommodation. Occupation orders can be granted for several months to allow the leaving party sufficient time to rehouse themselves. Therefore, although from housing law perspective, you need only provide the above minimum notice periods, in order to reduce the risk of an occupation order being granted if she were to apply for one, you may decide to provide a longer notice and is strictly required and the housing law. If for example, you were to provide her with a notice of three months rather than the minimum required by housing law above, the likelihood of an occupation order being granted if she were to apply for one is reduced. For the avoidance of any doubt, an occuption order does not grant her any proprietary interest in the property, but merely a right to continue to occupy the property for a period sufficient to allow her to rehouse herself. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. I will also contact customer services on your behalf to ensure that you are refunded for your original question so you are not charged twice. If there is anything else I can help with please reply back to me.
Customer: replied 2 years ago.

you are not answering my question fully. we are NOT living together. and I am not throwing her out.

I simply wish to know if she has any legal rights over the property?

Thank you

Expert:  Joshua replied 2 years ago.
Thanks for your reply. I appreciate that you are not living together and that it is ot your intention to throw her out of the property. I wanted to ensure that I had covered all aspects above in my response so you knew what rights you could enforce if you wanted to. It is of course up to you whether you wish to enforce those rights. I apologise if I have provided too much information and the answer to your specific question above has been lost in the noise. To specifically address your question in isolation, providing you are clear that the money she has been paying to you is for outgoings (which you say it is) then she will have no rights to the property whatsoever beyond a right to apply to a court to stay in the property for a reaonable time following any notice from you to enable her time to rehouse herself. However if it is not your intention to give her notice to leave immediately then she will not need to consider applying for such a right of occupation through the courts. The only way she could acquire a financial interest in your property is if she could show she has paid for either improvements to the property or has made capital payments to your mortgage neither of which is the case here from what you say. Can I help you with anything else or has the above answered your questions satisfactorily?
Customer: replied 2 years ago.

thank you Joshua. One final question and I'm done; this might change things! If the land registry title information document shows under Joint ownership of Land both our names signing as joint Tenants, does this change things?

A clear answer to this question and I'm finished.

Many thanks Paul

Expert:  Joshua replied 2 years ago.
Certainly if the land registry title entries shows both your names in the "B Proprietorship Register" this makes you joint owners of the property and unless you signed a declaration of trust (this might be on the transfer deed you signed when you purchased the property or separately) there would be a presumption that each of you own 50% of the property. This presumption can be rebutted but it is not straightforward to do so. Accordingly if this is the case the position would be very different and she could attempt a claim of up to 50% of the equity in the property and in addition would have a right to pccupy the property until the matter was resolved. If you are not sure what is shown on the title register, a copy of the title can be downloaded from the Land Registry online for £3.Does the above answer all your questions or is there anything I can clarify or help you with any further? If there is please come back to me. If not, I should be very grateful if you would kindly take a moment to rate my service to you today and I will check with customer services that you are refunded for your previous question on which we lost touch so you are not charged twice accidentally.
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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