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Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7673
Experience:  UK solicitor
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Hi My father owned a property but had put it in my sisters

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My father owned a property but had put it in my sisters name. 3 years ago my father was helping his cousin with getting UK Citizenship (to stay in the country). He offered him a place to stay when he had no where to go. My father recently passed away. The cousin does not pay rent nor has he signed a tenancy agreement. My sister told him last month he had to go 7/7/14. He put up a struggle and refused to go. What can she do?
Thanks for your question.
What is his justification for not leaving please?
Kind regards
Customer: replied 3 years ago.

Apparently he signed a power of attorney with my father to give authorisation to collect rent at 2 other properties. He said he was my fathers agent and found the tenants for those properties. He would take a percentage of the rent for himself and and the rest to fix other properties. I, and my sisters went to see what he had done. He knocked down the chimney breast. Gutted the walls. (too much damage to list). My father said he never asked him to do that. My dads cousin claims we owe him money for the works carried out.

Thanks for your reply.
Unless he is able to produce the power of attorney to you and also show that he is empowered under the power of attorney to let himself live in the property then you should still be able to evict him.
If he does not have a tenancy agreement or other orally agreed terms of his occupation then he would be regarded as an unlicensed occupier.
This means that he does not have any rights. One right that he does have is the right to receive reasonable written notice of his eviction. There is no specific amount of time which you must give him a written notice of his addiction, but if he has been at the property for 3 years then 2 months notice should be enough.
Once you have served a notice and it has expired you can change the locks when he is out, because there is no legal requirement for you to apply for a court order although you may choose to do so if you think that he might get physical or allege that you physically assaulted him when evicting him.
Kind regards
Thomas and other Family Law Specialists are ready to help you
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I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,