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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33531
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My question is; how does it take to legally get someone to

Resolved Question:

hello my question is; how long does it take to legally get someone to move out of your property?
my situation is that i live with someone i thought was a close friend of mine for the past 2 years approx. i dont pay rent as he wanted me to move in and offered this if i left my other place and looked after his as he is away a lot. he made me a licensee named on the tenancy contract. which i know for sure as i saw a copy of the contract and every month i receive rental statements from the agent despite my not being responsible for paying the rent.
he has now said he wants me out but i am currently in a position where it is not possible for me financially to go. i have undertaken a full time masters program and it was agreed i could stay here until i graduated next june. i also have a long standing serious mental health condition in which episodes are triggered by stress which then makes it impossible for me to function normally on an everyday basis for which i have received hospital treatment on an onging basis
in order to move out, would have to leave my course in the final year after almost 4 years of study and lose the qualification i needed for work and it is likely i will become ill again, which i am already having symptoms of. i am trying to find a solution but it is unlikely to be quick due to my current circumstances.
he has said he is consulting with a solicitor and i want to know what my rights are and how long it would legally take him to
officially throw me out and what i could do if he locks me out or gets aggressive.
thank you
Submitted: 4 months ago.
Category: Property Law
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

For clarity have you paid any rent to live there?

Customer: replied 4 months ago.
No it wasn't a tenant paying rent arrangement
Customer: replied 4 months ago.
It was friend who asked me to live with him because he needed the emotional support and someone to take care of things when he eas away
Expert:  Clare replied 4 months ago.

Where you in any type of intimate relationship?

Customer: replied 4 months ago.
Well we were very close but not having sex. Then again that could apply to some married couples.! .
Customer: replied 4 months ago.
The situation came to a head when he let a woman he barely knew come to stay with us whilst he was away. The woman didn't like me and tried to cause a rift between me and my friend and get me out. One morning she threw a knife across the kitchen no at me directly but near me and I was scared so I called my neighbour who told her if she did anything like that ever again my neighbour would call the police. After this the woman packed her stuff and left. My friend didn't believe what happened and threatened to throw me out. I'm not sure if there was something intimate going on with them
Customer: replied 4 months ago.
hello clare i received an email saying you responded to my last bit of info but i cant see any response...
Expert:  Clare replied 4 months ago.

I am afraid that you have very limited rights

Indeed the only right you have is to "Reasonable written Notice to leave".

In the circumstances it is a matter of negotiation how long "reasonable notice" should be.

At best it will be two months I am afraid.

Until the notice has run out he is not allowed to exclude you from the property - if he does so it is in fact a criminal offence

I hope that this is of assistance - please ask if you need further details

Customer: replied 4 months ago.
Thank you. I have read / heard that
I can refuse to go in which case he will have to take it to court to get a court order I understood he is not allowed to change the locks or act violent or harrass me...
Expert:  Clare replied 4 months ago.

I am afraid that once the written notice to leave has expired he can simply change the locks

Customer: replied 4 months ago.
Hi Clare I am reading online that if this is not his main residence and I refuse to go he cannot evict me without a court order. He only spends about 6 months a year in U.K. Not more. He owns a house in paraguay and has a long term rented flat in Vienna and has recently rented a flat in Canada.. This law seems confusing
Customer: replied 4 months ago.
Actually the wording roughly reads the landlord. You can evict lodgers without an eviction order but this must be the landlords only or principal residence as set out in sectio 3 a of protection from eviction act
Expert:  Clare replied 4 months ago.

I am sorry but you are neither a tenant nor a lodger - you are at best a "permitted occupier"

He can revoke that permission at any time so long as he gives you reasonable written notice to leave.

If he wishes to adopt a belt and braces approach he can go to court - and claim the costs from you - and that will take six weeks at most

Customer: replied 4 months ago.
Thanks for your response Clare.
I'm slightly confused thigh what costs?
If you mean rent. I had a verbal agreement with him that I would give up my other flat in order to move in with him and look after the property, take his deliveries.etc whilst he is away
I Also. Looked after him for a while hen he was very ill. My verbal agreement wit him was that if I gave up my flat and cane to love with him that he would guarantee me a place to live until June 2017. That is not in writing although I may have some emails which refer to it.
Customer: replied 4 months ago.
Ah I think you mean court costs ..
Customer: replied 4 months ago.
I forgot to add also that he is out of the country until beginning Nov. So unless he comes back sooner purely to throw me out I presume no one else can.
Customer: replied 4 months ago.
I also forgot to add that he does not own the flat he is a tenant himself. As a tenant does he have the right to throw me out or must it be the landlord who owns the property?
Expert:  Clare replied 4 months ago.

Yes I did mean court costs.

Yes he woudl find it very difficult to do anything until he is in the UK

Sadly I am afraid it is nothing to do with the Landlord as your former friend holds the Tenancy

Customer: replied 4 months ago.
Thank you Clare. I think you've answered everything very well. I just have one last question
What constitutes an intimate relationship?
I am more than just a friend, but it is not sexual so technically I suppose I am a friend. It is/ well was a very close relationship he is guarentor on some financial business stuff for me and other things you need to trust someone for
Expert:  Clare replied 4 months ago.

The kind of relationship that denotes a marriage like relationship

It would not have changed the result by more than a few weeks at most

Clare, Solicitor
Category: Property Law
Satisfied Customers: 33531
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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