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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70535
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: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year 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 1 year ago.
i am asking if they have any rights regarding reposession of flat buy me when i return.
Expert:  Jo C. replied 1 year ago.

Thanks for your patience.

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

Customer: replied 1 year ago.
No
I mean utilities and council tax and service charge
Customer: replied 1 year ago.
I do not charge rent
Expert:  Jo C. replied 1 year ago.

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

Customer: replied 1 year ago.
The providers
Expert:  Jo C. replied 1 year 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. and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much.
You have rested my mind and allayed my fear.