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Thomas
Thomas, Solicitor
Category: Property Law
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Experience:  UK solicitor holding an England and Wales practising Certificate.
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Hi Does someone have any rights on a property theyve been

Resolved Question:

Hi

Does someone have any rights on a property they've been living in for 2 years...? Our very good friend's girlfriend moved in with him about 2 years ago after being together only about a month. They're not together any more but she won't move out of his house. It turns out that she has been very aggressive towards him and now we're stepping in to help as we're very worried about him and just wondered if she actually has any legal rights to stay there...? Does he need to serve any type of notice on her? She has no tenancy agreement and has only paid token amounts towards the rent and bills (not on a regular basis).
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

I assume that there are no children of the relationship and she does not have a tenancy agreement or otherwise agreed terms of her occupation then she is an unlicensed occupier.

This means that her rights are very limited. She only has the right to receive "reasonable written notice" of her eviction. There is no set amount of notice that she must receive, but if she has been living there for two years then 8 weeks notice should certainly be sufficient.

There is technically no requirement to apply for a court order for posession in the case of an unlicensed occupier, though he may do if he wants.

The position is that where a person is not named on the registered title to a property then you can generally only claim an interest in the property if you have made either a capital contribution to it (ie. financing the purchase or pay for significant works which materially increase the value of the property) or have maintained the mortgage payments/paid rent or bills/foog to a total that is more than you would otherwise have paid in private rented accommodation in the area. Therefore, she would not have a claim against the equity in the property either.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom



Customer: replied 3 years ago.

Hi


 


Thank you. Is there anything specific that needs to be said in her eviction notice (ie is there a legal document we need to purchase or is it just something written by our friend asking her to leave?).


 


Many thanks once again


 


Kind regards

Expert:  Thomas replied 3 years ago.
Hi,

There is no legal document as such but it should clearly state your friends name, the name of the person, that she is an unlicensed occupier and that the letter should be read as notice of eviction with the notice from xx/xx/xxxx to expire on xx/xx/xxxx. Allow three days for posting and send by registered post.

Kind regards,

Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7591
Experience: UK solicitor holding an England and Wales practising Certificate.
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