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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am considering letting an investment proberty to my girlfriend

Resolved Question:

I am considering letting an investment proberty to my girlfriend of 2.5 years, she has 3 children two of whom are under 18 years of age, one 5 the other 16.If we should split up and then she stops paying the rent would I have any problems evicting her from the house?
She will sign a lease agreement.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if any of the children are yours please? I assume not from the ages and dates ou refer to but I ask for the avoidance of any doubt.

Would you also live at the property?

Customer: replied 2 years ago.
No the children are not mine, I will stay over 2-3 nites a week. Regards, ***** *****
Expert:  Joshua replied 2 years ago.
Thank you very much. On that basis there is no difficulty with evicting her. If she pays you rent, her position is just like any other tenant with one caveat which I will detail below. If she is paying you rent your buy to let mortgage conditions will likely require that she signs a standard AST agreement of no more than 12 months which is likely to be a good idea anyway. If considering allowing her a longer term tenancy, check this is not in breach of your mortgage conditions as many BTL mortgages prohibit tenancies longer than 12 months without consent from the lender. If she does not sign a tenancy agreement but pays you rent and you do not live permanently with her then she would have an implied 6 month AST. As you know to evict a tenant you have to serve 2 clear months notice using a s21 notice.If she does not pay rent to you then she would be an excluded occupier and would be entitled to 28 days notice under the Protection Against Eviction Act.I mentioned above that there is a caveat to the above. All of the above holds true but if you were to split up and you sought to evict her, notwithstanding any rights she has as tenant as above, she could also in addition apply for something called an occupation order for the property. This is an order that a court can grant to partners who do not have property rights to give them a period to allow the partner that is to leave sufficient time to find another property. It cannot grant her any proprietory rights of ownership, but rather can give her a reasonable period of occupation right for a property to allow her to find another suitable property. What is reasonable can depend ont he circumstances, but it is usually between 2-6 months. If she has contracted to pay you rent rrent wold continue to be payable for any period she was granted to stay in the property under an occupation order unless the court ordered otherwise which would be unusual.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. If there is anything else I can help with please reply back to me I'd be very grateful
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