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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My father has evicted me out of my house to which i do not

Resolved Question:

My father has evicted me out of my house to which i do not own, i have lived there for 20 years and no rent was ever paid. Most of my property is still within the house. What are my options
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Do you have exclusive access to the property or did you live with your father please?

Customer:

I lived in the property which was my grandparents. After they died I continued to live there, paying the bills and up keep of the house. My father lived in his own house about three miles from the property. As I was going to spain for a week with another relative he gave me the ultimatum that if I went on the trip then the lock to the door would be changed when I return. This is where we are at the minute. I don't have access anymore to the house. Can you advise if I have a right to a key for access or not is really the question.

Alex Watts :

Did you have any form of tenancy or pay any rent please?

Customer:

I guess there wasn't much communication between my father and myself and the relationship was always poor but we tolerated each other. He would come up through the day even when I was there or when I was working.

Customer:

I never paid any rent to him

Customer:

I paid the electricity and phone bills

Customer:

As the house was legally in his name he paid annual rates

Customer:

What would your suggestion in trying to resolve the situation

Alex Watts :

But you had exclusive occupation of the property?

Customer:

yes

Customer:

one month has passed with no access

Alex Watts :

Potentially you could get a Court injunction to get access back. If you have had exclusive access the court may consider that you have been unlawfully evicted.

Alex Watts :

As such it is possible to claim for an unlawful eviction.

Alex Watts :

Therefore you should see a Solicitor about issuing proceedings and gaining access back./

Customer:

ok because all i would want would be to have access back to the house as it was really my family home since i was 15yrs old as my mother died when i was 8

Alex Watts :

Yes indeed.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

how do you think the best way would be to get a key to access

Customer:

and come to a mutual agreement

Alex Watts :

If you can yes

Alex Watts :

You may be able to get a Solicitor to write and negotiate access

Alex Watts :

Otherwise you would need a Court order for access

Customer:

suppose the other question can i ask is that a copy of my will is in the house which no doubt he now has read, its about 13yrs old. Can I make a new one

Customer:

ok fully understand now, so try and negotiate and if not then proceed down the court order route if no sucess

Alex Watts :

You can yes.

Customer:

that is lovely and thank you for your patience and time, very much appreciated as this gives me some direction

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

thank you

Alex Watts :

All the best

Ash and other Property Law Specialists are ready to help you

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