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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69545
Experience:  Over 5 years in practice
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My daughter and her boy friend live in my flat while i am

Resolved Question:

My daughter and her boy friend live in my flat while i am abroad.i receive no rent but she pays the running costs. I have no tennancy agreement with them.
Can this create any problems when i return if they decide not to move out.
Submitted: 3 months ago.
Category: Law
Expert:  Jo C. replied 3 months ago.

Are you asking if you can evict them despite this?
Just to let you know that i will respond in the morning now.

Customer: replied 3 months ago.
i am asking if they have any rights regarding reposession of flat buy me when i return.
Expert:  Jo C. replied 3 months ago.

Thanks for your patience.

When you say running costs, do you mean they pay you directly?

Customer: replied 3 months ago.
No
I mean utilities and council tax and service charge
Customer: replied 3 months ago.
I do not charge rent
Expert:  Jo C. replied 3 months ago.

Yes, but do they pay you directly or the providers?

Customer: replied 3 months ago.
The providers
Expert:  Jo C. replied 3 months ago.

In that case, they are not paying rent. They are paying nothing that could be even considered rent.

Arguably they are just guests.

The reality though is that you couldn't just go round and evict them. They would get the benefit of the doubt and get an injunction to get back in.

But you can easily end this arrangement. I would recommend a S21 notice. You don't really need one but I would behave as though you do as then you are fully protected.

All you have to do is serve them notice in S21 form to evict them at the end of it though.

Can I clarify anything for you?

Jo

Jo C., Barrister
Category: Law
Satisfied Customers: 69545
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 months ago.
Thank you very much.
You have rested my mind and allayed my fear.

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