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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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If a person, the daughter of someone who was given the responsibility

Resolved Question:

If a person, the daughter of someone who was given the responsibility of looking after property long term, moves into the home and has lived there, supposedly taking the role of caretaker, for many years without paying any rent, can they be asked to leave by the owner provided they are given reasonable notice?
They didn't seek permission from the owner to actually move in and the rent for similar property in the area is in excess of £4,000 per month.
Submitted: 12 months ago.
Category: Law
Expert:  Buachaill replied 12 months ago.
1. Dear Madeleine, of course it is perfectly lawful for an owner of property to request a person who is living rent free in their property to leave. Reasonable notice is sufficient to determine the resident's occupation of the property. Here, the person residing in the property has no lawful occupancy as no permission was given by the owner for them to occupy the property. Be aware that if this person makes a claim for squatter's rights, that there is no such thing as adverse possession or squatter's rights to registered title, which constitutes 89% of the property in England & Wales. Even in relation to unregistered land, 11 years occupancy is necessary to claim squatter's rights.
Expert:  Buachaill replied 12 months ago.
2. Be aware that should this person not leave the property, then an action in ejectment will lie, to force this person to leave the property. There is no lawful possession of property without the consent of the owner. So here, although the owner let in one person under a caretaker's agreement, there was no such agreement with this second person. Hence the occupancy is unlawful and this person will be treated like a squatter by a court and ejected.
Expert:  Buachaill replied 12 months ago.
3. Please Rate the Answer as unless you Rate the Answer your Expert will receive no payment for answering your Question.
Customer: replied 12 months ago.
Many thanks for your very helpful reply. My brother-in-law, who owns the property, and I are delighted with the quick response and advice given. Will recommend your service with no qualms. Again, thank you.
Expert:  Buachaill replied 12 months ago.
4. Dear Madeleine, you are welcome. However, please Rate the answer.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10409
Experience: Barrister 17 years experience
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