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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Moving house & allowing the divorced wife to stay in annex

Resolved Question:

moving house & allowing the divorced wife to stay in annex part for 2 months while she finishes buying a house. what legal agreement can I get drawn up so that 2 months is the maximum she stays?!
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
The divorced wife is from who I am buying the house not my own wife!
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Was there a court approved financial settlement as part of the divorce?

-Has she remarried?

-Will she be paying rent?

Customer: replied 1 year ago.
No idea on their divorce settlement. Myself & my wife are buying the house from the couple who are divorced. My only option in order that we exchanged contracts & have a completion date of 24 June was to allow the ex wife to stay rent free for 2 months while she finishes buying a house to move into
Expert:  Harris replied 1 year ago.

I see, apologies for the confusion I thought you had meant your ex-wife. In that case, you should not enter into a tenancy agreement with her and only treat her as a lodger. Eviction of a lodger is only by reasonable notice and once the house is purchased she no longer has any legal interest or right to stay if you have given her reasonable notice to leave which I would suggest be made in writing.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 1 year ago.
Hi Harris. So your advice would be not to draw any agreement up but once we have moved in to give her notice to leave & could this be a month? ie what is reasonable notice?
Customer: replied 1 year ago.
What is deemed reasonable notice for this. Would there be a problem that you are serving notice on something where there isn't any agreement.
Expert:  Harris replied 1 year ago.

You do not necessarily need a written agreement but need to make her aware that she is only a lodger thereby not creating a tenancy. Lodgers have less rights than tenants and can easily be evicted.

There is no exact framework for reasonable notice but usually 2-4 weeks would be considered reasonable as this gives people enough time to arrange alternative accommodation.

Customer: replied 1 year ago.
Thanks. That sounds good.
Expert:  Harris replied 1 year ago.

No worries - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris

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