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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am jointly named on the tenancy of the house which I live

Customer Question

I am jointly named on the tenancy of the house which I live in with my Partner.
Her daughter and her daughter's boyfriend came to stay and that has turned into living with us. There is no formal or informal tenancy agreement with them and they do not pay rent.
I have asked the daughter and boyfriend to leave because the daughter's behaviour is both disrespectful and aggressive towards me and they are refusing to sit down and agree some 'ground rules'.
They have refused to leave as they say they are my partner's guest and I can do nothing about it.
What remedies do I have in law please?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What does your partner say please?
Customer: replied 2 years ago.

She wants her daughter to stay and won't do anything about her behaviour

Expert:  Ash replied 2 years ago.
So one wants to stay the other does not?
Customer: replied 2 years ago.

No sorry.

Both the daughter and her boyfriend want to stay.

Expert:  Ash replied 2 years ago.
But your partner does or does not?
Customer: replied 2 years ago.

My parter wants to stay

Expert:  Ash replied 2 years ago.
The problem is this - your partner is giving permission. Either one can give permission for someone to stay and if it went to Court a Judge wouldnt go behind that.
A Judge would say it is for you and your partner to sort out. If you both wanted the person out then it would be easier as you would just need to change the locks and throw out. But you can't do that if they are invited.
As such you need to resolve this with your partner. I realise this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thank you. It is what it is. Can I read up on the law please?

Expert:  Ash replied 2 years ago.
Yes its a matter of contract.
Contract law is not Acts of Parliament, its common law.
Alex
Customer: replied 2 years ago.

Thank you. One final thought - I built an office in the garden which was they are using like a bedsit.

Can I ask for it back to use again as an office?

Expert:  Ash replied 2 years ago.
Yes that you can.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

So how do I position that to them so that they don't simply say no because my partner has given permission?

Expert:  Ash replied 2 years ago.
If he has given permission sadly you are in the same position. In short sadly you need to resolve this with your other half.
Not ideal I know but sadly if your partner has given permission that makes things difficult.
Alex
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.

Hi Alex,

I've already rated you 'excellent service'

Thank you.

Expert:  Ash replied 2 years ago.
Thanks.
Alex