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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32927
Experience:  Over 25 years experience in law
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I have lived in a house owned by my female partners father

Customer Question

I have lived in a house owned by my female partners father for 5 years. I have paid £44,200 in rent solely. My partner also have a ten year old son, we have had a fall out nothing too serious no violence or anything but now my partners father is telling me to get out. Obviously I want to work around the problems with my partner but they want me out.
we have and never had a written contract only verbal. Im beside myself with worry as I have nowhere to go and I am not sleeping worrying about this. What are my options and can they do this to me ?? ... Kind Regards Mark.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer.
I am a Solicitor and will try and assist you.
Please can I clarify - are you looking for advice as to whether you have a claim in respect of the property or whether you are looking for advice in relation whether you should be given any notice.
I should say that I deal with financial matters and can clarify the position for you in relation to whether or not you have a claim in relation to the property.
Kind Regards
Caroline
Customer: replied 1 year ago.
No I don't want a financial claim on the property. I just want to know what I should be given regarding a reasonable amount of notice. And can they actually throw me out with nowhere to go even though there is no contract. ?? Kind Regards Mark.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that.
This is not my area of expertise so I will opt out so that another expert can assist you.
Kind Regards
Caroline
Customer: replied 1 year ago.
Caroline have my questions been passed to someone who can help? Kind regards Mark
Expert:  Thomas Judge replied 1 year ago.
How frequently are you paying rent?
Customer: replied 1 year ago.
I pay rent weekly £160 .. Regards Mark.
Expert:  Thomas Judge replied 1 year ago.
Mark,Do you pay weekly or monthly
Customer: replied 1 year ago.
Are you kidding me... Read my reply I pay rent weekly £160 !?!?
Expert:  Thomas Judge replied 1 year ago.
I see that you pay £160 per week. I read that. My question is however whether you pay that weekly or monthly. I am trying to help you
Customer: replied 1 year ago.
Yes I appreciate you trying to help I pay £160 pounds every week not monthly... Regards Mark
Expert:  Thomas Judge replied 1 year ago.
Dear *****,Despite the fact that there is no written tenancy you will still have rights. From what you have written it would appear to live in a property without the landlord living there and as such you would be considered to be an assured tenant. This basically means that they can not just kick you out of the property. In order to regain possession, the landlord may do so only on one of a number of statutory grounds, which are set out in Schedule 2 of the Housing Act 1988. To obtain an order for possession, the landlord must serve a section 8 notice on the tenant, setting out the ground or grounds that are relied on and then, after a period of time that varies depending on the grounds chosen, apply to the court for possession.Unlawful eviction of a tenant is a criminal offence (under s1 of the Protection of Eviction Act 1977) unless the landlord reasonably believed the tenant was no longer in the premises, is sharing living accommodation with the tenant or is letting the property for holiday purposes. I hope that this helps. Please rate positive - thanks
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32927
Experience: Over 25 years experience in law
Thomas Judge and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
I would like to thank you very much for your help. I feel a little easier now. I have rated your advice 5 stars... Kind Regards Mark
Expert:  Thomas Judge replied 1 year ago.
my pleasure
Customer: replied 1 year ago.
I don't know if you would know this but what would be a reasonable timescale for having to leave the property? who puts the timescale on a section 8 notice? and does it all have to go through the courts? I have also done lots of work to the property which obviously increases its value. Kind regards Mark.
Expert:  Thomas Judge replied 1 year ago.
You would have to be given at least two months notice on the s.8 and then it would be a matter for the court. If you have done work then you may have a claim for compensation arising.
Customer: replied 1 year ago.
Thank you again Mr Judge. Kind regards Mark.
Expert:  Thomas Judge replied 1 year ago.
my pleasure

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