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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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We own a bungalow which my sister-in-law rented from us but

Customer Question

We own a bungalow which my sister-in-law rented from us but the tenancy was terminated due to arrears of rent. My wife's daughter from a previous marriage lived with her Aunt, my wife's sister, for several years but was never a party to the tenancy.
When her Aunt left we allowed her to stay, without payment of rent, while she sorted out alternative accommodation and pending the sale of the bungalow. That sale is now almost at contract stage, but we do not feel able to sign the contract unless we have a firm date when she (and her fiance) will have moved on.My solicitor has written to them, saying that their license to occupy the property is revoked with effect from a date in early September and requiring them to leave by that date, returning the keys. My concern is that they are going to say that they have nowhere else to go (her relationship with her Mother is stormy, to say the least, which is why she lived with her Aunt)
and try to stay put indefinitely. She is 22, her fiance 26 or thereabouts.The question is this: If they not left by the appointed date what steps can we take to remove them? Will we need to obtain a possession order and if so how long will that take, and how soon thereafter can we send in the bailiffs? What else can we do to legally eject them from our property, which we need to sell to fund the purchase of a retirement bungalow for us both, along with the sale of my existing house (where we presently live). Delay could cost us the sales of both housed and therefore the purchase of our retirement home.
Submitted: 3 months ago.
Category: Property Law
Expert:  LondonlawyerJ replied 3 months ago.

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

Firstly I would say ask you solicitor who knows more about this than I can on this forum.

But in general you do not need a possession order. You can summarily evict them as long as you do not use force. Ie you can change the locks when they are out of the building.

Customer: replied 3 months ago.
OK, we change the locks while they are out and we have possession, but how do we deal with their property remaining inside. They have some furniture that they will need in their next home, plus clothes and all the paraphenalia of daily living - surely we have no right to deprive them of their property.
How do we prevent them from re-entering the property while we clear it of their property, without using force.
Roy
Expert:  LondonlawyerJ replied 3 months ago.

OK once you have changed the locks then arrange a time to return the property to them. If necessary you can make it a condition that a police officer be present (if you can get one to agree to it) or that it be dealt with by a mutually accpetable third party or with a third party in attendance.

But, I emphasise you should check with your lawyer who is already acting.

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